Field Notes By Delegate Michael A. McDermott 3-11-12

Observations and Reflections on Legislative Activities

Week 9 March 5-9, 2012
Monday Evening Session
The unions were in town on Monday. I had an interesting visit from many representatives from the Department of Juvenile Justice complaining about their budget. I told them the budget belonged to the governor and, although he had increased spending by billions over the past few years (including a billion this year), the lack of funds available for our juvenile programs represent his underfunding of these areas. I told them they needed to discuss it with the governor. They agreed, and then stated, “We tried to get in to see him but he will not see us”. Why am I not surprised?

The following link will allow you to see the bills presented on First and Second Reader during the Monday session. There were no Third Reader Bills.

Tuesday Morning Session
The following link will allow you to see the bills presented on First and Second Reader during the Tuesday session. There were no Third Reader Bills.

Judiciary Committee Hearings on Tuesday
HB-453 seeks to require persons who receive Probation Before Judgment or Nolo Contendere sentences to pay into the Criminal Injuries Compensation Fund. This fund is woefully depleted and this requirement would provide some much needed supplemental funds. HB-1148 seeks to provide interpreters for victims of crime including those who may be listening in the audience. Currently, Maryland includes $5 million in their operating budget for interpreters. It was suggested that convicted individuals could be required to pay for interpreter services. HB-209 would insure that a person previously convicted of a crime in another state would have that record applied to charges in Maryland when it comes to crimes committed with firearms. With the cross border areas that Maryland deals with everyday, this just makes sense. HB-536 would require an appeal of a District Court conviction to be done “on the record” and conveyed to the Circuit Court. There were questions concerning the tainting of a defendant’s case if the District Court records were known by the trial judge in the Circuit Court. HB-796 would create a video visitation program to be administered by the Department of Public Safety for state prisoners to have video up links with family members. It seems the DOC was already working on a pilot program for this to occur. The cost of increased budget expenditures will probably keep this from happening although the idea has merit.

HB-1066 seeks to create an enhanced penalty for a burglary performed on a pharmacy of up to 20 years or more depending upon the use or lack of a weapon. This bill has been introduced as a result of an exploding number of burglaries and robberies of pharmacies. Basically this bill would add 5 years to current sentencing limits. HB-909deals with synthetic cannabinoids and seeks to classify them as Schedule 1 in terms of penalties for possession. There are increasingly being utilized by juveniles. These are currently illegal in Worcester County. Some on the committee have difficulty addressing the fact that on one hand, the General Assembly seeks to decriminalize marijuana, and on the other hand we have those who want to criminalize a drug that simulates a marijuana experience.

HB-926 would allow for a victim of a crime who has previously been convicted of perjury to be allowed to testify when they are the victim of a crime. I’m not really sure if this is a problem in our state or a bill looking for a reason. HB-589would make the drug Mephedrone a Schedule 1 drug in Maryland. There was testimony regarding the increasing use of this drug on the streets. Generally, the committee does not like to assign a temporarily listed drug to the permanent Schedule list until the Federal government does so. HB-794 addresses a court procedural revision concerning verdicts or judgments. It will not allow a court to change a verdict without a full review conducted and recorded on the record in open court as opposed to being done in chambers. We received testimony of case verdicts altered by judges after a trial without any notice to the crime victims.

HB-1031 would create a Conditional Guilty Plea where a defendant would plead guilty to an agreed statement of facts yet preserve their right to appeal certain aspects of the case as opposed to forfeiting that right under a guilty plea. HB-1099 seeks to enhance the penalty for Assault on a Health Care Provider similar to those applied to police and corrections officers. This bill would make it a felony instead of a misdemeanor with the punishment remaining at a 10-year maximum. HB-543 seeks to create a Pre-trial Victim-Offender Mediation Program. This would constitute a diversion program designed to mediate problems as opposed to having a case move through the District Court system. It would require the Chief District Court Judge to set up parameters and establish criteria for such a program.

Tuesday Judiciary Committee Voting Session
The following bills were voted favorably by the committee:
HB-349, HB-396, HB-398, HB-500, HB-551, HB-631, HB-650, HB-852, HB-1160
The following bills were voted down by the committee:
HB-235, HB-237, HB-507, HB-517, HB-528, HB-535, HB-539, HB-587, HB-703,
HB-704, HB-971, HB-986, HB-1253

Wednesday Morning Voting Session
This link will take you to the Second Readers which moved on to Third Reader.
This link will take you to the Third Reader Bills.
Most of the bills moved with little or no opposition. HB-96 had some Republican opposition (about half of the Caucus), but I believe it is a good bill as amended which has been requested by the Drug Courts and judiciary. It allows for a 2nd Probation Before Judgment sentence for the successful completion of an extended probation Drug Court. This provision is already allowed for all other offenses and is only being extended to drug users and not sellers or distributors.

Judiciary Committee Hearings on Wednesday
HB-1238 would exempt any interest earned on a certain account from an account established for the Maryland Legal Services Fund from being transferred to the General Fund by the Comptroller’s Office. The fund has never been dealt with in this manner as all of the money earned on the account (only about $8,000.00) per year is utilized to supplement the fund for these indigent clients they serve. HB-772 addresses certain payments made to or from a trust account. It provides language in trust law which will allow for a trust to pay Income Tax (IRS) obligations and clears up some issues regarding marital trusts and payments made from these types of accounts. These revenue rulings are complicated, but many questions are asked by committee members and committee counsel is very helpful. HB-1061 calls for a Constitutional Amendment to address the removal or impeachment of a judge who fails to utilize strong legal skills or otherwise disregards case law in rendering rulings. It has been brought forward as a result of frustration with judicial creativity outside of the scope of prudence or accepted practice. It would place the decision of removal of judges with the Commission of Judicial Disabilities. Many have placed judges above the people to a place where they cannot be reviewed or touched. HB-735 would keep a murderer from inheriting the proceeds from an estate of the one they killed. This is addressed through Common Law in Maryland but there have been cases where killers have benefited from the estate of the one did the killing. HB-774 seeks to clarify certain aspects of the Power of Attorney Act. It makes some additions to the standardized forms used by the public. HB-773 would define “funeral expenses” under the estate code and broaden the definition to allow for those expenses to be covered by a small estate. HB-822 would provide concurrent jurisdiction to the Orphan’s Court with the Circuit Courts as it relates to addressing certain issues regarding minors. Either one of the courts could be utilized under these proposed changes but the Orphan’s Court is less expensive and easier to access for these issues. HB-1030 would create a Master Court for traffic cases held in jurisdictions that qualify based upon current case loads. This may be a way to limit the demand on our District Courts. It is opposed by the District Court. HB-682 this is the Maryland Trust Act which has been worked on over a number of years between bankers and attorneys to establish certain liability aspects over trust funds and those who have responsibility for administering them. Essentially, the bill represents a recodification of the current law and adopts many court rulings and findings into the Act. The current situation is a practice of dealing with some Statutory Law and much in the Common Law. Many states have more favorable trust laws and Maryland is competing at a disadvantage due to some of the provisions in our laws. It is a 90-page bill for those interested in wading through it.

Special Recognition was given to three Tuskegee Airmen who served this country in World War II. Two were fighter pilots and the other was a bomber pilot. All three briefly addressed the House and credited God and praying mothers for their safe return. It was a great moment to honor these great patriots who are all in their 90’s.

Judiciary Committee Voting Session, Wednesday
The committee voted favorably on SB-422 which is the senate version combining
HB-261 and HB-119. It was missing many parts of both House bills and was ultimately amended to include all of the language contained in HB-119 as well as two provisions contained in HB-261. The idea is to insure that HB-119receives a good hearing in the senate and a favorable vote.

Thursday Morning Voting Session
The following link provides information on Third Reader Bills.

Judiciary Committee Hearings on Thursday
HB-834 seeks to craft an “Alternative Response” within the law addressing the response of the Department of Social Services. Currently, the law requires an “investigation” and does not appear to permit any alternative, less intrusive response for very minor reports of potential neglect cases. Funding for DSS is truly an issue and I am wondering if the training and set up for this new diversion would create hardship on the agency. Secretary Theodore Dallas indicated that his staff is doing more with less and assured the committee they were up to the challenge. HB-604 has been called “Justice’s Law” after a victim of Child Abuse who was killed by a family member in western Maryland. This bill seeks to enhance the penalty under First Degree Child Abuse from the current 30 years maximum up to Life in Prison. There were some questions regarding eligibility for parole under Life and the 30-year current sentence guidelines. HB-798 seeks to require juvenile offenders who are being bound over to be tried as an adult to be allowed to be dealt with HB-708 would clarify the way to expunge a criminal charge for a juvenile who was charged as an adult. This seeks to correct a law passed in 2002 addressing expungments.

HB-1122 would require certain juvenile offenders who have been waived to adult court be incarcerated in a juvenile facility. Currently, once waived, a juvenile offender is treated as an adult and housed in adult facilities. HB-1138would require notification be made to a parent or guardian when a juvenile is arrested. This seems to be unnecessary as it is a common practice and is required by Juvenile Custody Rules. HB-1142 would require the judicial official at the Bail Review Hearing to assign a juvenile to either a juvenile correctional facility or a local jail. HB-978 would not allow a juvenile offender under the age of 14 from being incarcerated in a secure facility. This really goes too far with juveniles that have already showed a propensity for violence in our communities. HB-860 seeks to include certain crimes as being evidence of Sexual Abuse by definition, in particular, prostitution, as they relate to human trafficking. This expanded definition would allow for those engaged in this domestic trafficking of humans to be charged with these violations and for victims to receive access to services as opposed to being charged with crimes. HB-1256would require Child Sexual Abuse Training for public school teachers to help them understand and identify potential abuse victims. This bill asks for a Study Group to attempt to address how this can best be accomplished.

Friday Morning Eastern Shore Delegation Meeting
We heard from the Living Legacy Foundation representatives Karen Kennedy and Dr. Brian Childs on issues relating to organ and tissue donation. They mentioned how registration for organ donation can be done online electronically or through the Motor Vehicle Administration. Representatives from Coastal Hospice and Palliative Care, Pres. Alane Capen and Dir. Maureen McNeill gave us an overview of hospice work ongoing on the shore. They spoke of expanding services on the lower shore in north Worcester County. We were also visited by the Eastern Shore Land Conservancy who provided insight into their ongoing work on the shore including many community design projects on the mid-shore region. Most of their work centers on land preservation easements on farm and forest lands. They would like to expand their design services to municipalities on the lower shore in the future.

Friday Morning Voting Session
The following link provides information on Third Reader Bills.
The most controversial bill battle of the day was the Second Reader of HB-366 which would require all new homes constructed to be equipped with Fire Sprinkler systems. Until this year, these types of changes were adopted at the county and municipal level of government where local input is the greatest. Conservatively, the cost of these systems for a residence on a municipal water supply ranges from $3000.00-$6000.00. If you are on a well system, the cost is double and, in some reported instances, triple the cost ($6000.00-$18,000.00). When this is added to the cost of a newly constructed home, it will take many buyers out of the market. Nothing would prohibit a home owner or builder from installing such a system, but it should be up to the one paying and not a decision of government, particularly at the state level. I offered two amendments which were defeated. One would have exempted 16-counties from the bill. In this case, 8-counties decided what the other 16 counties should do. A clear example of the tyranny at play in Annapolis. The second amendment would have exempted the requirement for any house not hooked up to a municipal water supply. Again, while the bill made good economic sense, rural Marylanders took it on the chin. Our Constitution says “the people” are the sovereign, but as the Floor Leader on the bill stated from the floor, they believe “the state” is the sovereign.

We will again attempt to battle this on Third Reader, but I’m afraid it will move to the Senate by Tuesday.
Judiciary Hearing Conducted Jointly with Health and Government Operations Committee
The hearing on medical marijuana was conducted with testimony resembling last years arguments. While many testified, the air had already been let out of the balloon by a morning announcement in the paper indicating that Gov. O’Malley would veto any such bill. At this time, it would seem to be going nowhere fast.

Coming up Next Week...
The House will have a better idea of what version of the budget is being passed over for consideration, including proposed tax and fee increases. HJ-12, a proposed House Resolution addressing certain provisions of the 2012 National Defense Authorization Act (particularly the issue of American citizens being denied due process or a writ of habeas Corpus under certain circumstances) will be heard by the Rules Committee on Monday afternoon. Nine other states have adopted such a resolution and I hope Maryland will join the list of states standing up for our liberty. HB-1334 known as “Ava’s Law” will be heard in the Judiciary committee. This bill seeks to enhance the penalty for causing an injury while under the influence of drugs. HB-966 will also be heard this week. It seeks to conduct a Straw Poll as to public opinion on having an elected school board in Wicomico County.