CONTENTS H.R. 5638 (McMillan), a bill to extend the penalty for assault on a police officer in the District of Columbia to assaults on firemen, to provide criminal penalties for interfering with firemen in the performance of their duties, and for other purposes.. Staff Memorandum-Provide Penalties for Assaults on Firemen.... Balcom, Loyde, N., Acting Chief, D.C. Fire Dept. D.C. Fire Fighters' Association, Capt. Joseph R. Granados, President, accompanied by Capt. Charles J. Burger_- Howard, Mrs. Earnest, Representing North Washington Council of D.C. Government, Graham W. Watt, Asst. to Commissioner, letter to Chairman McMillan, dated March 26, 1971 reporting favorably on CRIMINAL PENALTIES FOR ASSAULTS ON FIREMEN MONDAY, MARCH 29, 1971 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON THE DISTRICT OF Columbia, Washington, D.C. The subcommittee met, pursuant to notice, at 12:05 p.m., in Room 1310, Longworth House Office Building, Honorable William L. Hungate, (Chairman) presiding. Present: Representatives Hungate (Chairman), Mikva, Nelsen, Thomson and Smith. Also present: James T. Clark, clerk; Hayden S. Garber, counsel; John Hogan, minority clerk; and Leonard O. Hilder, investigator. Mr. HUNGATE. We will take up at this time H.R. 5638, providing for criminal penalties for assaults on firemen. (H.R. 5638 together with the accompanying staff memorandum follow :) H.R. 5638, 92d Cong., 1st Sess., by Mr. McMillan on March 4, 1971 A BILL To extend the penalty for assault on a police officer in the District of Columbia to assaults on firemen, to provide criminal penalties for interfering with firemen in the performance of their duties, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 432 of the Revised Statutes relating to the District of Columbia (D.C. Code, sec. 22-505) is amended by inserting after "District of Columbia," where such phrase first appears, the following: "or any officer or member of any fire department operating in the District of Columbia,”. [Staff Memorandum, Mar. 29, 1971] H.R. 5638 (MCMILLAN)-PROVIDE PENALTIES FOR ASSAULTS ON FIREMEN PURPOSE OF BILL This bill, recommended by D.C. Government, provides the same penalties for assaults on firemen, as the law imposes for assaults on policemen. It is urged that where the efforts of firemen are being interfered with, prompt, effective action is necessary to prevent widespread destruction of property. PROVISIONS OF BILL At the present time there is no law in the District of Columbia making it a crime to assault or otherwise interfere with a fireman while he is performing his duties in connection with extinguishing a fire. In order to constitute this kind of activity a criminal offense, the bill amends subsection (a) of section 432 of the Revised Statutes relating to the District of Columbia (D.C. Code, sec. 22-505), presently applying to assaults on police officers and employees of penal and correctional institutions, so as to extend its coverage to officers and members of the District of Columbia Fire Department and any other fire department operating in the District of Columbia. PRESENT LAW D.C. Code, Tit. 22, Sec. 505 as amended by H.R. 5638, would provide: "(a) Whoever without justifiable and excusable cause, assaults, resists, opposes, impedes, intimidates or interferes with any officer or member of any police force operating in the District of Columbia, or any officer or member of any fire department operating in the District of Columbia or any officer or employee of any penal or correctional institution of the District of Columbia, or any officer or employee of the government of the District of Columbia charged with the supervision of juveniles being confined pursuant to law in any facility of the District of Columbia, whether such institution is located within the District of Columbia or elsewhere, while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than five years or both. [New matter in italic.] "(b) Whoever in the commission of any such acts uses a deadly or dangerous weapon shall be imprisoned not more than ten years." Mr. HUNGATE. The first witness is Acting Chief Loyde N. Balcom, D.C. Fire Department. Chief, I certainly thank you for your patience in waiting. We proceeded as well as we could here. We are glad to have you with us. And we will be very interested to hear your testimony, sir. Do you have a prepared statement? STATEMENT OF LOYDE N. BALCOM, ACTING CHIEF, D.C. FIRE DEPARTMENT, ACCOMPANIED BY LT. ROBERT C. PECK, COMMUNITY RELATIONS OFFICER, AND WILLIAM A. ROBINSON, ASSISTANT CORPORATION COUNSEL Chief BALCOM. No, I do not have a prepared statement. However, I have Mr. Robinson here with me from the Corporation Counsel's Office, and I believe he has a prepared statement from the Mayor on that. Mr. HUNGATE. Mr. Robinson, would you present that statement. now? Mr. ROBINSON. Yes. Mr. Chairman, I would like at this time to suggest that there be put into the record a letter from Mr. Graham W. Watt, Assistant to the Commissioner, addressed to the Honorable John L. McMillan under date of March 26, 1971. Mr. HUNGATE. Without objection that will be placed in the record. Mr. Robinson, this is a two-page letter on behalf of the District of Columbia, addressed to Mr. McMillan dated March 26, 1971, is that correct? Chief BALCOм. That is correct, sir. Mr. HUNGATE. It will be accepted without objection for inclusion in the record. (The letter follows:) GOVERNMENT OF THE DISTRICT OF COLUMBIA, Hon. JOHN L. MCMILLAN, DEAR MR. MCMILLAN: The Commissioner of the District of Columbia has for report H.R. 5638, a bill "To extend the penalty for assault on a police officer in the District of Columbia to assaults on firemen, to provide criminal penalties for interfering with firemen in the performance of their duties, and for other purposes." |