Field Notes 2-18-13

Observations and Reflections on Legislative Activities

By Delegate Michael A. McDermott
Week 5 Feb.11-Feb. 15, 2013

Tuesday Judiciary Committee Hearings:
HB-244 would provide subpoena power to the Office of Public Safety and Correctional Services. Secretary Maynard and his staff spelled out the administrative and enforcement needs that they have which requires the need for subpoena authority. This was allowed to the former Sec. of Corrections but this position was done away with under consolidation last year.
HB-247 seeks to codify current procedures in place within the Criminal Justice Information System Central Repository (CJIS) and which are required by the FBI for agencies acting as a repository for this criminal and civil data.
HB-480 would require the courts to explain whether or not their crime upon conviction would be eligible for an expungement by the court. There was some debate on this issue with some thinking that the notification is already being done and others saying that there may be times when this does not occur. It would seem prudent for a defendant to know their rights concerning possible expungement or the lack thereof in these instances.
HB-688 would create a new class of victims of assault by specifying Transit Operators as a particular class of victim that require their own statutory protection under the Assault statute. This is already covered by existing law.
HB-700 would create a new class of victims of assault by specifying Transit Vehicle Passengers as a particular class of victim that require their own statutory protection under the Assault statute. This is already covered by existing law.
HB-292 would repeal the sunset date on the DNA Collection Program which has been very effective in Maryland at brining criminals to justice. We heard about DNA convictions and exonerations of the innocent.
HB-478 creates a separate crime for the commission of an act of violence in the presence of a child. We heard from folks who were concerned about these instances stemming from domestic violence incidents.
HB-60 would require criminal background checks for professional counselors and therapists. The failure to have this done has resulted in persons previously convicted of felonies being allowed to practice in Maryland. This bill would make it a crime for a therapist to have sexual relations with a patient.
HB-326 would require the state to maintain a Vulnerable Adult Abuse Registry for those who have been convicted of these types of offenses. It would also place people on the registry if there is a finding of fault by an oversight board.
HB-699 would increase the statute of limitations for the solicitation of a crime to be the same as the primary crime. Currently, the limitation is only 1-year.
HB-594 seeks to make Tampering with Evidence a crime in and of itself. There was much discussion on the overlap of various current statutes including accessory charges and obstruction charges.
HB-473 would create a task force on the way that defendants are sentenced in Maryland.

Bill Hearing for HB-104:
The Economic Matters Committee heard my Good Faith Business Actions/Penalty Forgiveness bill. I felt it was well received by the committee with several members asking great questions. The Secretary of Labor and Licensing came out against the bill and stated that his department already practices the measures prescribed by the bill. Several members on the committee took exception to the Secretary’s view of his department’s dealings with businesses in Maryland. I had previously asked for a letter stating the Secretary’s operating policy in this regard in exchange for withdrawing the bill. I have not received such a letter. I will be meeting with Chairman Davis of the committee to see what can be worked out.
“A Minute With Mike”-Promoting a Better Business Climate in Maryland.

Gun Bill Work Group:
Today we heard from members of the NRA. It was a tough place for dialogue as they are generally viewed as “the enemy” by those on the left. The position of the NRA can seem rigid, but they staunchly defend the 2nd Amendment and make no apologies for doing so. This found great conflict with many on the committee who view firearm ownership as a “privilege” to be regulated by the government as opposed to a “right” to be enjoyed. We discussed training issues (the NRA is a big supporter and provider of training) with the NRA encouraging a voluntary approach as opposed to a government mandate. One of the delegates how important he thought it was from a safety standpoint to mandate extensive training components in the bill and I asked him if he wanted to do the same thing for chainsaws and other power equipment folks buy at the hardware store. He did have to concede the point. While there were some ruffled feathers, I thought the meeting went as well as it could under the circumstances.

Wednesday Judiciary Committee Hearings:
HB-393 would change the law regarding revoked or suspended driver’s licenses by making it acceptable for certain notifications by the DMV to be acceptable in court as evidence that someone should have known they were suspended or revoked.
HB-458 would allow a relaxing of evidentiary rules as it relates to private documents (such as banking or credit card records). There was quite a bit of discussion on this bill. It was questioned about authenticity of records while the banking lobby testified that these records are rarely, if ever, challenged. It does require bank authorities to spend a lot of wasted time in court to never be called to testify.
HB-83 is a request from the Maryland judiciary to increase the number of judges on the Court of Appeals and the number of Circuit Court judges in various jurisdictions. One of those areas where there would be an increase is Wicomico County (this will be shared with Dorchester County as well).
HB-586 would require that any appeal made as a result of a District Court case would be “on the record” for any non incarcerable offenses. While this would seem to have a minimal impact on case loads for Circuit Courts, it may be worth consideration.
HB-627 would require someone who receives medical attention following a motor vehicle accident to submit to mandatory alcohol testing. There was some discussion about whether we should require this for “serious injury” accidents as opposed to merely being transported for treatment.
HB-309 is a technical means of applying a District Court rule to a Circuit Court case when it comes to obtaining information in civil cases where monetary judgments are made.
HB-556 would extend unsupervised probation to all persons convicted for misdemeanor traffic violations. There may be some amendments to this bill which would take out some charges that the State’s Attorney Association to exception to in the bill. It is said this bill would help redeploy assets in the field to spend more of their time covering violent offenders.
HB-197 would expand and toughen the laws governing illegal dumping of trash and littering in general in Baltimore City. We saw pictures of sting operations where large scale haulers of trash were dumping their loads right on top of city streets or in neighborhoods. The bill calls for greater sanctions.

Gun Bill Work Group:
We heard from State Superintendant of Schools Lillian Lowery and some of her staff. They spoke of security reviews and measures that could be part of the $25 million appropriation in the governor’s budget. I inquired as to their position on providing protection through trained personnel with firearms, but they reject this out of hand. They also reject the use of electronic control devices. In fact, they rejected the idea of allowing off duty law enforcement or LEO retirees from having their restrictions lifted so they could carry on campuses across the state. I confronted them by pointing out that the only thing that stops a bad guy with a gun on the other side of their fixed fortifications is a good guy with a gun. They seem to recoil at this notion and are very rigid in their approach. I am always fascinated by folks like this who reject proposals that would merely allow them some options simply because they do not agree with the premise. It disturbs me that those who are charged with providing a safe environment for our children refuse to do the one thing that would provide some reasonable measure of protection beyond a locked door. I had a similar discussion with Superintendant Fredrickson of the Wicomico Public Schools on Monday which ended with similar results. It is interesting that I have received an entirely different reaction from many teachers and some administrators in our schools.

Thursday Judiciary Committee Hearings:
Today was Death Penalty Day. Governor O’Malley and Lt. Governor Brown came into to testify on HB-295 which is the administrations repeal of the Death Penalty. I had an interesting exchange with them(begins at 22:08) on the bill. The governor believes it is ineffective and costly. The lieutenant governor believes we must end the practice in the interest of justice. I asked the governor why he had not commuted the sentences of the 5-inmates currently on Maryland’s Death Row seeing his advocacy for Life Without Parole as the preferred option. His answer was a dodge. Likewise, I asked the lieutenant governor what justice we could offer in the case of a murdered correctional officer at the hands of a Life Without Parole inmate. He also did not answer the question. The governor points to the Death Penalty and says it does not work, yet we have 4 of the 5 inmates sitting under this form of sentence for 30-years. His position might have more credibility if he had ever exercised the use of the penalty. Since we simply do not use it, how can one say it does not work? The testimony went on for many hours, most saying the same thing. We did have several prosecutors and a compelling correctional officer testify against the repeal.

Taste of the Eastern Shore Event:
A large crowd turned out for this annual gathering at the Loews Hotel. Elected officials and business owners from all over the Eastern Shore turned out to rub elbows with many of the members of the General Assembly in attendance. It was nice to see so many from the lower shore. I had a chance to speak with Comptroller Franchot about a bill I am asking him to support and I also spoke with Sec. Murray of the Dept. of Business and Economic Development about the extensive delays in start-ups for new poultry houses. He agreed that waiting 1-2 years to get a house build approved is terrible.

Friday Morning Session:
There is little movement with Third Reader Bills on the floor at this point, but this should pick up next week as bills have begun clearing the committees. I took a few minutes to have photos taken with one of the Pages from Worcester County, Casey Knerr. She is a senior at Worcester Prep. and spent the week working for the House of Delegates. Although it was a relatively quiet week for Casey, she will be back at the end of session when things will really be hopping. The Page Program is a great chance for students who are selected to spend two weeks in Annapolis learning and serving the General Assembly.

Gun Bill Work Group:
Today we heard from Police Commissioner Anthony Batts of Baltimore City and some of his staff. The Commissioner addressed the 800 pound Gorilla in the room when he spoke about the “two Maryland’s”: one where urban citizens grow up seeing guns as tools of violence and destructive acts; and the other where guns are respected as part of tradition as tools for sport and hunting. How difficult it is to try and build consensus when we come at this issue from such polarized positions. The Commissioner favors many of the governor’s proposals, but we had a candid conversation about the many difficulties to make it work for all Marylanders.

Saturday 2nd Amendment Discussion in Ocean City:
Hundreds turned out for a Town Hall Meeting held by Congressman Andy Harris at the Holiday Inn on 67th Street in Ocean City. The Congressman explained the federal approach and I addressed the O’Malley-Brown bill to those assembled. We then took questions for over an hour. Most were concerned with losing or having their 2nd Amendment Rights infringed upon by government actions. There were a few folks there who supported additional gun control measures. There was some agreement by all on the need to address mental health issues to a greater degree. It was also very clear based upon the statistics available that the government is not doing a very good job of enforcing the current firearm laws already on the books. At times, the meeting was vitriolic as folks spoke passionately, but everyone was generally well mannered and patient. It was a great meeting. I was glad to have Delegate Charles Otto (R-Somerset) upfront with us as well. Other elected officials in attendance included Worcester SA Beau Ogelsby, Worcester County Comm. Jim Bunting and Ocean City Councilman Doug Cymek.