WASHINGTON — Following the death of a local deputy, Senator Bernie Moreno is looking to give tougher penalties to anyone found guilty of assaulting a federal officer.
Moreno, Ohio's senior senator, is introducing the Larry Henderson Act, named after the Hamilton County deputy who was hit and killed by a driver while working traffic for the University of Cincinnati's graduation.
"Enough is enough," Moreno said in a statement. "Anyone who assaults one of our men or women in blue needs to face severe consequences, period. Deputy Larry Henderson should be alive today, and that's why I'm introducing legislation — in his honor — to protect our law enforcement officers."
WCPO 9 News obtained a copy of the bill. The current federal statute outlines penalties for assaulting a federal officer that range from one to eight years in prison, depending on the severity of the crime. This proposed legislation looks to change the mandatory minimum sentences to 20 years for those convicted of assaulting federal officers where bodily harm or bodily injury is inflicted.
"What that means, that's not necessarily clear," said DeVillers, former U.S. attorney for the Southern District of Ohio.
WATCH: We speak with former U.S. Attorney David DeVillers to hear more about the implications of the Larry Henderson Act
DeVillers worked for 19 years as a federal prosecutor and tried several cases involving assaults on law enforcement. He told me he noticed an uptick in assault cases against members of law enforcement.
"We did see that particularly after the George Floyd case, and ongoing both protests and riots that took place," DeVillers said. "After that, we saw police specifically targeted. We saw individuals in Cincinnati, Dayton, and Columbus officers that were attacked."
While it appears Moreno's bill applies only to federal law enforcement, DeVillers said this law could apply to state, county and local officers if they’re working alongside U.S. Marshals, the FBI, DEA and other federal task forces. Henderson was also a longtime officer on a federal task force.
DeVillers said he was skeptical that the language and penalties in this proposal would pass through Congress.
"I think this is just an invitation to let's just talk about making this a better law," DeVillers said.
We asked him if the federal government needs to amend the current law.
"I do think there could be an increase in the mandatory minimum for assaulting an officer and causing serious physical harm, serious physical harm," said DeVillers. "In Ohio, it's defined. We don't do a really good job of that in the federal system, but assaulting a police officer with a deadly weapon ... the federal law doesn’t really address that very well. I think that seeks to do that, although I think we can do a better job of it."
