S.1771 - Larry Henderson Act (119th Congress)
Summary
The Larry Henderson Act (S.1771) aims to amend Title 18 of the United States Code, specifically concerning assaults on federal officers and employees. The bill introduces mandatory minimum penalties of 20 years imprisonment for anyone causing bodily harm or injury to a federal officer or employee. It also stipulates that federal law supersedes any state laws pertaining to assault, resistance, or impediment against federal officers or employees engaged in their official duties.
Expected Effects
The primary effect of this bill, if enacted, would be a significant increase in the severity of penalties for assaulting federal officers and employees. This could lead to a decrease in such assaults due to the increased risk of lengthy prison sentences. Furthermore, it would create a uniform federal standard, preempting varying state laws in this area.
Potential Benefits
- Increased Deterrence: The mandatory minimum penalties may deter individuals from assaulting federal officers and employees.
- Enhanced Protection for Federal Employees: Provides stronger legal protections for those serving in federal roles.
- Uniform Application of Law: Ensures consistent penalties across all states for these specific offenses.
- Potential Reduction in Crime: Could lead to a decrease in assaults on federal personnel, improving safety.
- Reinforces Federal Authority: Affirms federal jurisdiction and protection of its employees.
Most Benefited Areas:
Potential Disadvantages
- Mandatory Minimums: Limits judicial discretion, potentially leading to disproportionate sentences.
- Federal Overreach: Superseding state laws could infringe on states' rights and create legal challenges.
- Increased Incarceration: Could contribute to prison overcrowding and increased costs for the federal government.
- Potential for Abuse: Broad application could lead to overly aggressive prosecution in some cases.
- Impact on Minor Offenses: Even minor assaults resulting in bodily harm would trigger the mandatory minimum sentence.
Constitutional Alignment
The bill's constitutional alignment is complex. Congress has the power to enact laws necessary and proper for carrying out its enumerated powers (Article I, Section 8). Protecting federal officers and employees falls under this purview. However, the preemption of state laws raises federalism concerns, potentially conflicting with the Tenth Amendment, which reserves powers not delegated to the federal government to the states. The Eighth Amendment's prohibition against cruel and unusual punishment could also be relevant if the mandatory minimum sentences are deemed excessive in certain cases.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).