Graham Hoffman Act
Summary
The Graham Hoffman Act aims to amend Title 18 of the United States Code, focusing on criminal offenses targeting first responders. It introduces new penalties for knowingly assaulting first responders engaged in official duties, potentially leading to imprisonment and fines. The bill outlines specific circumstances under which these offenses would fall under federal jurisdiction, including instances involving interstate commerce or federal first responders.
Expected Effects
If enacted, the Graham Hoffman Act would create a new federal crime for assaulting first responders, potentially deterring such attacks. It could also lead to increased federal involvement in cases that might otherwise be handled at the state level. The Act requires certification from the Attorney General for federal prosecution, ensuring a degree of oversight.
Potential Benefits
- Provides increased protection for first responders, who are vital for public safety.
- Offers federal resources to prosecute crimes against first responders, especially in cases where state jurisdiction is lacking.
- Potentially deters violence against first responders through increased penalties.
- Clarifies the circumstances under which federal law applies to crimes against first responders.
- Addresses a gap in federal law by specifically targeting crimes against this group.
Potential Disadvantages
- Could potentially lead to federal overreach into areas traditionally handled by state law enforcement.
- May strain federal resources due to increased investigations and prosecutions.
- The certification requirement by the Attorney General could create bureaucratic hurdles.
- Potential for inconsistent application of the law depending on the Attorney General's interpretation of the certification requirements.
- The definition of 'first responder' could be subject to interpretation, leading to legal challenges.
Constitutional Alignment
The Graham Hoffman Act's constitutionality hinges on the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress the power to regulate interstate commerce. The bill attempts to establish federal jurisdiction over assaults on first responders when those assaults affect interstate commerce or involve federal employees. The Act also includes a provision requiring certification by the Attorney General before federal prosecution, which could be seen as a safeguard against federal overreach into state matters, potentially aligning with principles of federalism.
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).