NASHVILLE — Local lawmakers’ efforts to boost criminal penalties for Tennessee National Guard members who go AWOL came under attack Monday in the Senate with several senators questioning the bill’s fairness.
“With your bill, I would respectfully submit to you there’s not going to be any deterrence here. It’s not going to accomplish anything,” Sen. Doug Jackson, D-Dickson, told sponsor Sen. Bo Watson, R-Hixson, who said he brought the measure at the request of Rep. Richard Floyd, R-Chattanooga.
The bill applies only to nonfederally activated guardsmen who are absent without leave. Federally activated guard members come under the federal Uniform Code of Military Justice.
The bill originally included several other infractions and sought to boost penalties from up to 30 days in jail to up to 11 months and 29 days in jail. The measure also boosted fines from $50 to up to $2,500.
But as amended by the Senate Judiciary Committee, the additional jail time was stripped from the bill as were other offenses such as insubordination. Sen. Watson called the removal of the other offenses a “wise move.”
“This is attempting to address ... issues where Tennessee Guard soldiers have avoided their commitment to weekend training,” Sen. Watson said.
Sen. Watson said Tennessee National Guard officials start with warnings then move to docking pay and demotions for those who fail to show up. Final steps include booting the person out of the Guard and/or having criminal charges brought in civilian court.
“The problem is that many of these people have signed up with certain incentive packages,” Sen. Watson said. “So to remove them from the Guard, they gain all the incentives with no penalty.”
Sen. Jackson complained that a guardsman who didn’t attend weekend training could find himself slapped with a $2,500 fine.
“We could have a guardsman that has been to Iraq more than once, 18-month tours, that may be back here and just psychologically can no longer do it,” Sen. Jackson said. “His family can no longer let him do it. And he may just say enough’s enough. He’s not federalized. The nation’s defense is not relying on him.”
Sen. Watson agreed to delay the bill for a week but rebuffed requests to send it back to the Senate Judiciary Committee.
In other action Monday, the House voted 90-0 for a bill by Rep. Tommie Brown, D-Chattanooga, to extend tuition waivers at public colleges and universities for dependent children of prisoners of war, soldiers who are missing in action and soldiers killed in armed conflicts. The bill boosts the age of children eligible from 21 to 23.
Andy Sher is a Nashville-based staff writer covering Tennessee state government and politics for the Times Free Press. A Washington correspondent from 1999-2005 for the Times Free Press, Andy previously headed up state Capitol coverage for The Chattanooga Times, worked as a state Capitol reporter for The Nashville Banner and was a contributor to The Tennessee Journal, among other publications. Andy worked for 17 years at The Chattanooga Times covering police, health care, county government, ...
