COLUMBUS, Ohio – A Northeast Ohio lawmaker’s first bill in the General Assembly would expand the state’s aggravated murder laws to allow the death penalty when the victim is a first responder or military member.
A statehouse bill introduced by Rep. Dan Greenspan, a Republican from Westlake, would also expand penalties for felonious assault when the victim of the crime is a police officer, first responder, federal officer or military member.
“The intent is to really provide a strong deterrent,” Greenspan said.
The bill, HB 38, is Greenspan’s first as a legislator. Fourteen other lawmakers, including four from Northeast Ohio, signed on as co-sponsors.
You can read the bill below. Mobile users click here.
Where did the idea come from?
The legislation grew from an idea Greenspan developed over the last few years as police, fire and military personnel were victims in attacks across the country.
Most recently was an ambush attack in December on firefighters in Youngstown when they responded to a call. One firefighter was wounded in the leg and another narrowly escaped injury when a bullet passed through his turnout coat but didn’t hit him. The shooter was waiting across the street from the burning house when firefighters arrived.
What would the bill do?
Greenspan proposes amending Ohio’s criminal laws dealing with aggravated murder and felonious assault.
Under current law, if the murder victim is a police officer, the defendant could face the death penalty if convicted. Greenspan’s proposal would add first responders (firefighters and EMS personnel), military personnel (including ROTC, reserve forces and National Guard) and federal law enforcement officers to that section of law.
It would apply to current and former members of those groups.
In addition, it would add that group to laws applying to felonious assault, upping the crime to a first-degree felony and requiring that any sentences handed down are served consecutively, rather than concurrently.
How does it work?
The law requires that the victim either be engaged in their duty – such as a police officer on patrol – or that the offender specifically is looking to kill someone who is in the protected group.
So, for example, if an attacker strikes out against people in a VFW hall or veterans marching in a parade, it should be apparent, Greenspan said, that they are striking out against former military personnel.
What happens next?
The bill was assigned to the House Criminal Justice Committee.
It is scheduled to get its first hearing, along with testimony from Greenspan, on Feb. 21. Follow @RobertVHiggs
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