Legislation would make attack aboard train federal crime

Starting Here, moving to Amtrak: Tri-CityHerald.com

WASHINGTON
U.S. Sens. Tammy Duckworth of Illinois and John Hoeven of North Dakota marked the anniversary of the shooting of an Amtrak conductor in suburban Chicago with the introduction of legislation that would make such an attack a federal crime.

On Wednesday, the Democrat Duckworth and the Republican Hoeven introduced the Passenger Rail Crew Protection Parity Act that calls for those suspected of assaulting or intimidating rail crewmembers to be charged under federal law. Currently, suspects in such attacks on airline crewmembers are prosecuted in federal court but suspects in attacks aboard trains are prosecuted in state court.

On May 16 of last year, Amtrak conductor Michael Case was shot in Naperville. The suspect — a retired federal law enforcement officer — has been found mentally unfit to stand trial.

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Transit workers marched across the Brooklyn Bridge Wednesday to raise awareness for assaults in the subway system.

About two dozen workers walked across the landmark from the Transport Workers Union Local 100 office in Brooklyn to Metropolitan Transportation Authority headquarters in lower Manhattan.

They held signs that read, "The MTA don't care about us" and "An injury to one is an injury to all. Transit workers deserve safety and respect."

Trevor Logan, a train operator, recalled a run in he experienced as a rookie transit worker about four years ago.

...

They held signs that read, "The MTA don't care about us" and "An injury to one is an injury to all. Transit workers deserve safety and respect.”

I think their fellow travelers didn’t mean that slogan so narrowly

Not a bad idea for legislation. I’ll ask my delegation to support it.

Isn't shooting the conductors, or just shooting anyone, a state crime?
Why up every possible crime to a national one?

Ron, the FBI has a few more resources to investigate than does the Naperville PD. The Naperville PD has a few more than does my Village's fifteen Officer force.

If a Federal crime, recognizing that Amtrak is an Interstate carrier, the FBI automatically obtains jurisdiction.

I think that without a federal statute it could lead to a lot of unnecessary confusion if someone were killed or injured in circumstances where it isn't clear which side of a state line the train was on.

Does this apply to Amtrak and commuter rail agencies? Are subways and trolleys covered? How about trackless trolleys? Maybe buses should be covered?

How often is someone attacked on a train? Are the states letting the criminals off with a slap on the wrist? Will a federal crime statute give them just another option or will it prevent the state or locals from prosecuting?

If the local jurisdictions don't feel qualified enough to investigate the crime, they can always ask the FBI for assistance. I'm pretty sure the FBI would if ask. But it leaves that option with the local sheriff or police to make that decision. Sheriffs are elected positions for local counties, having the FBI take over every case you might as well do away with sheriffs altogether.

Maybe I'm over reacting, but we do not need the FBI to investigate every crime in America.

Well consider this:

If the airlines were under the "local jurisdiction" rule, who would investigate when someone attacks somebody while the plane is in the air... especially when it's over international waters?

Having the feds comes in solves some complicated jurisdictional problems and possibly saves some cash as well!

Also, not every railroad has its own police department, and those who do seem to generally be concerned more with trespassers and theft than violence against train passengers.

STrRedWolf wrote:Well consider this:

If the airlines were under the "local jurisdiction" rule, who would investigate when someone attacks somebody while the plane is in the air... especially when it's over international waters?

Having the feds comes in solves some complicated jurisdictional problems and possibly saves some cash as well!

I’m not aware of any Sheriffs with jurisdiction over the middle of any oceans, do you?

Gilbert B Norman wrote:Ron, the FBI has a few more resources to investigate than does the Naperville PD. The Naperville PD has a few more than does my Village's fifteen Officer force.

If a Federal crime, recognizing that Amtrak is an Interstate carrier, the FBI automatically obtains jurisdiction.

Doesn't Amtrak PD already have jurisdiction?

NJT and MTA (NYCT, LIRR, MNCR) employees are already protected under state law. Inside every NJT bus and rail car is a poster reading "assault on a bus operator/train crew member carries up to five years in prison and fines up to $1,000". Decals on all NYCT buses and NYCT/LIRR/MNCR rail cars note the maximum 7 year felony sentence.

R36 Combine Coach wrote:Doesn't Amtrak PD already have jurisdiction?

Yes, but they also don't have the resources of the FBI. (Is APD already a Federal law enforcement agency? I'm not sure.) Besides, this is about charging a person with a Federal crime, whether the evidence was gathered by APD, the FBI, Union Pacific PD, or the Village of Naperville PD.

mtuandrew wrote:Also, not every railroad has its own police department, and those who do seem to generally be concerned more with trespassers and theft than violence against train passengers.

Makes sense, since most railroad police agencies are part of freight carriers.

STrRedWolf wrote:If the airlines were under the "local jurisdiction" rule, who would investigate when someone attacks somebody while the plane is in the air... especially when it's over international waters? Having the feds comes in solves some complicated jurisdictional problems and possibly saves some cash as well!

Known as "special maritime and territorial jurisdiction of the United States" under title 18, U.S. Code. Applies to the high sea and water outside any state or the Great Lakes and to any vessel or aircraft owned by the United States (including a U.S. corporation or citizen) when outside of the jurisdiction of a particular state.

[OT] most passenger ships are foreign registered