Bill Text: GA HR1294 | 2009-2010 | Regular Session | Introduced


Bill Title: John McHugh, Secretary of the Army; Fort Hood shootings; unborn child as victim; urge

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-02-05 - House Second Readers [HR1294 Detail]

Download: Georgia-2009-HR1294-Introduced.html
10 LC 94 1933
House Resolution 1294
By: Representatives Reese of the 98th, Mills of the 25th, Walker of the 107th, Loudermilk of the 14th, Scott of the 2nd, and others

A RESOLUTION


Commending the investigative work of the United States Department of Defense following the shootings at Fort Hood Military Base in Texas and urging Secretary of the Army John McHugh to include the unborn child of a victim as one of the homicides committed on November 5, 2009, and charge Major Nidal Malik Hasan accordingly; and for other purposes.

WHEREAS, the members of this body express their gratitude to the Department of Defense on their efficient and sensitive investigative work after the Fort Hood Military Base shootings of 2009; and

WHEREAS, the perpetrator accused to have committed the atrocious murders, Major Nidal Malik Hasan, has been charged with 13 counts of premeditated murder under Article 118 of the Uniform Code of Military Justice (UCMJ) and is scheduled to be tried in a military court martial; and

WHEREAS, if it is conclusively proven that one of the victims, Private Francheska Velez, was pregnant at the time of the shootings, the members of this body respectfully request that an additional charge be brought for the murder of this child; and

WHEREAS, an unborn child must be afforded the same legal protections against offenses that can be committed against individuals, and, under Article 119(a) of the UCMJ, it is not required that a perpetrator be aware of a pregnancy in order to be charged with a crime against a child in utero; and

WHEREAS, additionally, Texas law provides that a civilian who commits an offense that results in harm or death to an unborn child can be prosecuted in that state in the same manner as the offense committed against an individual who is born; and

WHEREAS, charging Major Hasan with an additional murder for the death of Private Velez's unborn child would align with the spirit and purpose of state law in Texas.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body honor the victims of the shootings at Texas's Fort Hood Military Base, commend the United States Department of Defense on their investigative work following the tragedy, and urge Secretary of the Army John McHugh to charge Major Hasan with an additional count of homicide for the unborn child of a victim.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Secretary of the Army John McHugh.
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