VA Wants Vets Charged in Serious Sex Crimes Barred From VA Burials

2-12-16 Washington DC:

The Department of Veterans Affairs is asking Congress to pass legislation (H.R.2490 - Bertie's Respect for National Cemeteries Act )prohibiting veterans charged with the most serious category of sex crimes from interment in veterans' cemeteries (National Cemeteries).

The proposed ban would go further than current law prohibiting convicted and registered Tier III sex offenders from being buried in VA cemeteries by barring those who die before being convicted or who flee to avoid prosecution.

Tier III sex offenders are those convicted of aggravated sexual abuse, or sexual abuse or abusive sexual contact against a minor under age 13, according to federal statute.

In 2011, Rep. Vicky Hartzler, R-Missouri, sponsored the Hallowed Grounds Act, which was signed by President Obama in January 2013. (see S.3202 - Dignified Burial and Other Veterans' Benefits Improvement Act of 2012) and HERE)

The law put Tier III sex offenders in the same category as veterans convicted of capital crimes, who have been barred from veteran cemetery burials since 1997. That year, President Clinton signed legislation to ensure Army veteran Timothy McVeigh, convicted of blowing up the Alfred P. Murrah Federal Building in Oklahoma, would not be eligible for such interment.

Veterans groups backed the intent of Hartzler's bill.

According to VA spokesman James Hutton, a veteran already may be forbidden a VA cemetery or Arlington National Cemetery burial in the event he dies before being convicted if he is being prosecuted for a Tier III sex offense under federal statute.

"In other words, the deciding factor is whether prosecution would have occurred at the federal or state level ... and the choice of which body of law is applied depends solely on law enforcement and prosecutorial discretion," Hutton said.

The VA's legislative proposal would amend the definition of a state capital crime to include Tier III sex offenses, Hutton said, thereby filling a statutory gap and eliminating inconsistent -- federal or state -- application of the law for the same offense.

The VA is not the first to ask for the change. The U.S. Army appealed to Congress for the same kind of bill during a 2012 hearing to consider Hartzler's bill.

"There is no provision in the [Hallowed Grounds Act] for those accused but not yet convicted," Kathryn Condon, executive director of the Army National Cemeteries Program, told lawmakers. "And we would like to work with the [Congress] if we could ... to insert suitable language in the bill that would address this concern."

The ban on burying accused Tier III sex offenders in VA cemeteries is one of more than a dozen legislative proposals being sought by the VA as part of its budget request for next year. These include proposals to allow the VA to furnish government headstones and markers for the privately marked graves of all Medal of Honor recipients; tie the authorized burial allowance to the Consumer Price Index; expand eligibility for grave medallions; and expand certain benefits to veterans buried on tribal lands.

The VA said the costs associated with providing government headstones and markers for privately marked MoH recipient graves would be insignificant.

Currently, the VA may pay no more than a $300 burial allowance. Tying the allowance to the CPI would cost $471,000 in 2017. Over a 10-year period, the VA expects the allowance will total $83 million.

The VA also wants to honor requests for grave medallions from families of veterans who died before Nov. 1, 1990, and were buried with a government headstone. Before that date, the medallions were available only for vets buried with a privately bought headstone, said Raymond Kelly, legislative director for the Veterans of Foreign Wars.

If you were buried with a government headstone, you were not eligible, he said, but there has long been a demand for the medallions among veterans' families.

"They're doing the right thing" with this, he said.

The VA estimates it will cost about $480,000 in 2017 and just over $5 million over a 10-year period.

In other proposed legislation, the VA is looking for expanded or new authorities to provide benefits to veterans buried on tribal lands.

Among these: authority to provide headstones and markers to the eligible spouses and dependents at tribal veteran cemeteries; provide caskets and urns for the unclaimed remains of eligible veterans buried in state and tribal cemeteries; and provide an allowance to transport certain deceased veterans to state and tribal veterans cemeteries

VA officials said the first provision would cost VA about $890,000 over 10 years.

Officials said there "are no benefit costs or savings associated" with the proposals to provide caskets and urns, or to transport some veterans to state or tribal cemeteries. ..Source.. by Bryant Jordan

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US House Passes Hallowed Ground Act WITH AMENDMENT

9-21-2012 Washington DC:

It is very difficult to see what Lawmakers do when they AMEND a law that existed before, therefore what follows is FIRST the Hallowed Grounds AMENDMENT, then the law (38 USC 2411) as it exists TODAY with AMENDMENTS -in color- phased into the law. The amendments happened on the 19th and the House passed them by Voice Vote under suspension of the rules.

The amendment is tucked into a larger bill, HR 5948, says:

SEC. 7. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX OFFENSES FROM INTERMENT OR MEMORIALIZATION IN NATIONAL CEMETERIES, ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE VETERANS' CEMETERIES AND FROM RECEIVING CERTAIN FUNERAL HONORS.

(a) Prohibition Against.--Section 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

``(4) A person--

``(A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.);

``(B) who, for such crime, is sentenced to a minimum of life imprisonment; and

``(C) whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).''.

(b) Conforming Amendments.--Section 2411(a)(2) of such title is amended--

(1) by striking ``or (b)(2)'' each place it appears and inserting ``, (b)(2), or (b)(4)''; and

(2) by striking ``capital'' each place it appears.

(c) Effective Date.--The amendments made by this section shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act

The Current law (38 USC 2411 within link is without amendments) says, with amendment in yellow:

(a)

(1) In the case of a person described in subsection (b), the appropriate Federal official may not—

(A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403 (a) of this title) or in such an area in Arlington National Cemetery (described in section 2409 (a) of this title).

(2) In the case of a person described in subsection (b)(1) or (b)(2) or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1) or (b)(2) or (b)(4), as the case may be, is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime.

(b) A person referred to in subsection (a) is any of the following:

(1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).

(2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).

(3) A person who—

(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but

(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

``(4) A person--

``(A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); (eAdvocate note: There is NO "AND" here, therefore (A) stands alone, it is NOT combined with what follows)

``(B) who, for such crime, is sentenced to a minimum of life imprisonment; and

``(C) whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).''.

(c) Effective Date.--The amendments made by this section shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act.

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US House Passes Hallowed Ground Act

9-21-2012 Washington DC:

Congresswoman Vicky Hartzler’s Hallowed Grounds Act has been passed by the U.S. House as part of a much larger bill (S 3202) to improve several programs for veterans under laws administered by the Secretary of Veterans Affairs.

HR 2355: SEC. 2. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX OFFENSES FROM INTERMENT OR MEMORIALIZATION IN NATIONAL CEMETERIES, ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE VETERANS' CEMETERIES AND FROM RECEIVING CERTAIN FUNERAL HONORS.

(a) Prohibition Against- Section 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:

`(4) A person who is a tier III sex offender for purposes of the Sex Offender Registration and Notification Act.'

.The Hallowed Grounds Act will prohibit an individual who is classified as a Tier III sex offender under the Sex Offender Registry and Notification Act from being buried at a veterans or national cemetery. A Tier III sex offender is one whose offenses against a child might include the crimes of aggravated sexual abuse or sexual abuse and abusive sexual contact.

Hartzler says she first learned of this situation during a town hall in Osceola last year when a constituent asked for help and relayed a heart-wrenching story of being sexually abused by her father when she was a child. This man was a veteran who went on to be buried in a national cemetery with full honors

Under current law, only individuals convicted of capital crimes such as murder and treason are ineligible for honors and burial in veterans and national cemeteries. ..Source.. by Mike Morgan

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Should Sex Offenders Be Buried With Military Honors?

Personally I think it is terrible to try to erase the past service to this country of a later sex offender, no one knows what in a person's life may have led to the offense. The service may have been a factor. However, if Congress denies the sex offender they also deny the family rights to such burials, which the law includes because of his/her past service to this country. When this bill first came up a reader advised me of that law see HERE:

6-8-2012 National:

A proposed law would ban criminals convicted of sexually abusing children from being buried in military cemeteries. Veterans groups are in favor, but an expert in sex offender laws says this one goes too far.

On Halloween night of 2001, James Allen Selby broke into the home of a recent college graduate named Jenny, hid in a closet until she returned, then dragged her into the shower and raped her. He was convicted of this and at least 10 other rapes and sexual assaults, including one of a nine-year-old girl. But after he committed suicide in prison, he was buried with full military honors at Fort Sill National Cemetery in Oklahoma. Now victims, and some military advocates, want a ban on sex offenders in military cemeteries so criminals like Selby can never be honored like that again.

At a House hearing Wednesday, Rep. Vicky Hartzler (R-MO) told the story of a constituent who was sexually abused as a child by her father, a veteran who was later buried in a military cemetery. Said Hartzler, "She asked that I help ensure no other child has to endure this injustice." Hartzler has introduced the Hallowed Grounds Act, which would bar Tier III sex offenders — those who have committed crimes against children — from being buried in veterans' or national cemeteries. She argued, "These offenders have surrendered their right to be honored by victimizing and oppressing others."

The bill has the support of a variety of military and veterans' groups. Raymond Kelley, legislative director of the Veterans of Foreign Wars, said in the hearing that the Hallowed Grounds Act would be an appropriate extension of existing laws that bar those convicted of capital crimes (those punishable by death, such as murder) from military burial. Thomas Murphy of the Veterans Benefits Administration also voiced support for the substance of the bill, though he had some logistical concerns about his implementation.

The Army is actually against the bill, but only because it doesn't go far enough. Kathryn Condon, Executive Director of Army National Cemeteries Program, said at the hearing that the Army couldn't support the bill as drafted because it failed to ban "the interment or memorialization of a person found by an appropriate federal authority to have committed a tier III sex offense, but not yet convicted."

But Richard Wright, a professor of criminal justice and author of the book Sex Offender Laws: Failed Policies, New Directions, says the bill is wrongheaded. He says it's part of a trend in the last 20 to 25 years of "post-conviction laws" targeted specifically at Tier III offenders, but says these laws don't actually accomplish much. Our criminal justice system, he says, now operates under the belief that "in order for the victim to get justice, something extra has to be done to the offender." But in fact, offering extra help to the victim — counseling, for instance — is more beneficial to victims' healing processes than additional punishments for the criminal.

Wright notes that the burial of a veteran who's also a sex offender to balance two things: "A person who risked their life for the protection of the country and someone who committed a horrible crime." He advocates a compromise solution, perhaps burying sex offenders with some military honors but in a different location from other veterans.

Whether ideas like his will influence the debate on the Hallowed Grounds Act is doubtful. With the exception of Condon, no one spoke against the bill in its hearing, and sex offender laws are notoriously difficult to oppose. An earlier version of the law, named Jenny's Law for James Allen Selby's victim was included in the defense bill for 2011; it was only stripped when a lame duck Congress needed to pass that bill quickly. Barring such procedural concerns, the Hallowed Grounds Act seems poised to become law. ..Source.. by Anna North

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We Will Honor All Those Who Have Fallen

7-6-2011 The White House Blog:

I commend the decision of our Commander-in-Chief, President Obama, reversing the long-standing policy of not sending condolence letters to the families of service members who commit suicide while deployed to a combat zone. The greatest regret of my military career was as Commanding General of the 1st Cavalry Division in Iraq in 2004-05. I lost 169 Soldiers during that year-long deployment. However, the monument we erected at Fort Hood, Texas in memoriam lists 168 names. I approved the request of others not to include the name of the one Soldier who committed suicide. I deeply regret my decision.

The brave individuals who wear the cloth of this great Nation in combat deserve our deepest gratitude. It is remarkable all they have accomplished. I am incredibly proud of them and of their families. That said, they are tired. The persistent high operational tempo of this war, the terrible things some have seen or experienced in combat, have undoubtedly taken a toll on them. Many are struggling with the ‘invisible wounds’ of this war, including traumatic brain injury, post-traumatic stress, depression and anxiety. Any attempt to characterize these individuals as somehow weaker than others is simply misguided.

Unfortunately, the long-standing stigma associated with these and other behavioral health conditions continues to preclude some from seeking or receiving available help. The United States Army is working very, very hard, in partnership with the National Institute of Mental Health and our sister services, to better understand the challenge of suicide and to do everything we can to effectively reduce the incidence of it across our Force. We remain committed to raising awareness, helping individuals increase their resiliency, while ensuring they have access to the right support services and resources. That said, if we hope to truly have an impact we must continue to do everything we can to eliminate the stigma.

The policy change instituted by President Obama directing that letters of condolence be written to the families of service members who commit suicide while deployed to a combat zone represents a monumental step in this direction. It acknowledges that the service rendered by these individuals, as well as the service and sacrifices made by their family, deserve the same recognition given to those men and women who die as a result of enemy action. Since the start of the wars in Iraq and Afghanistan nearly a decade ago, over 6,000 men and women have paid the ultimate price for freedom. Every day we have honored those fallen in combat… now, in accordance with our Commander-in-Chief, we will honor all those who have fallen in service to our great Nation. ..Source.. General Peter W. Chiarelli is the Vice Chief of Staff of the Army

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New Bill in Congress: Hallowed Grounds Act

UPDATE: A reader just reminded us, that Rep. Hartzler's proposal would deny certain family members as well, and conflict with another federal law. see UPDATE below

7-6-2011 National:

Now, we have the text of this bill: HR 2355 "Hallowed Grounds Act" which was introduced by Rep Hartzler, Vicky [MO-4] on 6/24/2011 and referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Stated Intent: To amend title 38, United States Code, to exclude individuals who have been convicted of committing certain sex offenses from receiving certain burial-related benefits and funeral honors which are otherwise available to certain veterans, members of the Armed Forces, and related individuals, and for other purposes.

In the news article "Lawmakers would deny veterans burial rights to sex offenders" Rep Hartzler says this "While veterans guilty of capital crimes have justly been denied burial in our national cemeteries, ..."

A personal note: I am not so sure that denying veterans burial due to a capital crime, is correct in every circumstance, when we have no idea what the effects of military service are on a person and what that service may have caused, but that is the law today; a capital crime is the current standard (Title 38 § 2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing Federal or State capital crimes).

UPDATE: (4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, and whose last such service terminated honorably.

(5) The spouse, surviving spouse (which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage), minor child (which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution), and, in the discretion of the Secretary, unmarried adult child of any of the persons listed in paragraphs (1) through (4) and paragraph (7). (Title 38 § 2402. Persons eligible for interment in national cemeteries)

Today we see Rep. Hartzler trying to equate "Tier III" to "Capital Crimes" and that is plain wrong, there are no deaths in Tier III Adam Walsh Act crimes, nor are folks placed into Tier III by any judicial or jury decision! All have been legislatively placed there without any form of a hearing beforehand.

Rep. Hartzler's equation is as egregious as anyone can imagine and should not take place, this bill needs to be stopped! If a sex offender kills someone they will be convicted of a capital crime, and according to the current standard would automatically be denied; so, no need for this bill!

Folks need to contact their Washington DC Representatives and Senators and tell them to vote NO when this bill comes before them.

Have a great day and a better tomorrow.
eAdvocate

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Lawmakers would deny veterans burial rights to sex offenders

Normally I do not post an article twice, but this version has a very important comment following it, folks need to read it below:

6-27-2011 Washington DC:

Freshman Rep. Vicky Hartzler (R-Mo.) and 38 other members of the House — mostly Republicans — introduced legislation last week that would deny burial rights to U.S. veterans found guilty of sexual abuse against children.

Hartzler said she introduced her Hallowed Grounds Act after learning that some veterans who are guilty of sexual abuse against children are still buried with full military honors in veterans and national cemeteries.

"While veterans guilty of capital crimes have justly been denied burial in our national cemeteries, veterans guilty of sexual abuse of children are still entitled to these honors," Hartzler said. "Allowing these offenders to rest in fields of honor is an insult to America's military heroes.

"It is my hope that no sexual abuse victim will suffer the pain of knowing an offender has been given the honor of a full military funeral," she added.

Under the bill, H.R. 2355, Tier III sex offenders under the Sex Offender Registration Act could not be buried at any veterans or national cemetery. Tier III offenders are those related to abuse against children. ..Source.. by Pete Kasperowicz

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Another Weiner/Foley wanna be. every time I see a politician come up with some idiot law it makes me think they are child molesters. It seems a year or so after a politician wants to pass a sex offender law, they get caught being a sex offender. How about we ask the Congresswoman to accept this challenge?

Dear Congresswoman Hartzler,

We commend you on your recent efforts to control sex offenders in your graveyards. Without a doubt your nation will be safer. We believe more can be done. The FBI estimates that only 16% of all sex offenders have been caught and convicted. That means that in your community, 84% of the total actively offending sex offenders still prey on children.

It is imperative for the safety of your community's children and other vulnerable citizens that none of your elected or appointed leaders are part of the majority of sex offenders, those hiding in the shadows, not yet revealed. Are you just another Mark Foley or Anthony Weiner?

We are asking all elected and appointed officials if they would submit to a polygraph test to rule out the possibility that they are part of the 84%.

1. Since reaching the age of 18 have you ever had sexual contact with a family member?
2. Since reaching the age of 18 have you ever had sexual contact with a minor?
3. Since reaching the age of 18 have you ever had sexual electronic communication with a minor?
4. Have you ever had sexual contact with an animal?
5. Have you ever created or viewed child pornography?
6. Has an underage family member ever saw you nude?
7. Have you ever continued to have sexual contact after being asked to stop?
8. Have you ever used a position of power to gain sexual favors?
9. Have you ever written child sexual erotica?
10. Have you knowledge of an abused child and neglected to report the abuse?
Optional

Since reaching the age of 18 have you ever had sexual fantasies about a minor?

As you can see, all of our questions, if answered in the positive, indicate a sex crime. We are not out to trip up or embarrass community leaders, so we kept our questions such that only a sex criminal would be indicated.

The optional question does not indicate a crime, only a thought process. Mental health professionals dealing with sex offenders report that aberrant thought processes usually lead to acting out, and it is important for parents to know if their elected and appointed leaders have deviant thoughts about children. If you have nothing to hide or be ashamed of, then you will answer the optional question.

We will release our results to the local media in your community, region and state.

This survey in no way is compulsory and we will not release the results of your test without a signed release authorization. You can accept the test and prove to your community that you are not a child sex predator or you can refuse the test. Not everyone is comfortable answering such personal questions about their past actions.

If you have nothing to hide, you have nothing to fear.

Thank you again for your efforts to keep America's graveyards safer. With this law hopefully we can ensure that the ghosts of sex offenders will not prey on the ghosts of children.

But I bet Vicky… you are too scared to take the polygraph test aren't you? What are YOU hiding? I say we find out. BY Graveyard Safety on 06/27/2011 at 15:30

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Proposed law would bar sex offenders from veterans cemeteries

Personally I find it offensive that Congress would deny a Veteran burial in a National Cemetery because of acts they committed after returning from Service. Who knows what damage can be attributed to the stresses of military service. This Lawmaker, and her 38 supporters, need to think about this. Is it possible to erase how many lives a Vet saves through their service to our country?

Click on Rep. Hartzler's link below and tell her what you think!

6-25-2011 Washington DC:

JEFFERSON CITY, Mo. -- A Missouri lawmaker has introduced new legislation in Congress that would prevent sex offenders from being buried in national cemeteries.

The "Hallowed Grounds Act, (HR-2355)" introduced by Republican Rep. Vicky Hartzler, would prohibit an individual who is classified as a Tier III sex offender under the Sex Offender Registration Act from being buried at a veterans or national cemetery. A Tier III sex offender is one whose offenses against a child might include the crimes of aggravated sexual abuse or abusive sexual contact.

"While veterans guilty of capital crimes have justly been denied burial in our national cemeteries, veterans guilty of sexual abuse of children are still entitled to these honors," Hartzler said. "Allowing these offenders to rest in fields of honor is an insult to America's military heroes. Furthermore, it is an outrage to the victims and their families." ..Source.. by SouthEast Missourian

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