Field Notes By Delegate Mike McDermott

Observations and Reflections on Legislative Activities
Week 10 March 11-March 15, 2013

Tuesday Judiciary Hearings:

HB-930 seeks to deal with an aspect of identity theft where a person gives out private information on an individual without their permission. This is seen as a way of trying to protect the elderly from various types of fraud.

HB-1057 would limit the accumulation of Good Conduct Credits if a firearm was used in the commission of a crime for which an inmate is being held. Sadly, it would only affect a repeat offender of a firearm related crime.

HB-575 would remove the statute of limitations for the use of a handgun in a crime of violence. Currently, that crime has a one year limitation as the charge is a 5-year misdemeanor.

HB-952 would require greater scrutiny of contracts negotiated by the state to supply telephone services to inmates in our correctional institutions. It appeared from testimony that a new contract was recently negotiated that would significantly reduce the cost of inmate phone calls.

HB-1125 would create an “Identity Theft Passport” administered by the Dept. Human Services to assist with the problems of identity theft for children who are in Foster Care.

HB-1178 would continue the reporting requirements by law enforcement agencies on all of their SWAT Team activities. These reporting requirements were due to sunset this year and this bill seeks to continue it indefinitely. It also adds more reporting requirements to the list of data to be collected.

HB-941 would make it a crime to file false liens against an individual. This bill is designed to address, in particular, certain individuals who are part of an organization identified as “Sovereign Citizens” and who seek to punish government officials by filing false liens and tax documents.

HB-940 would establish a crime of armed home invasion.

HB-1225 would add as a penalty to a crime classified as a “drive by shooting” could result in the forfeiture of the motor vehicle involved in the event if the owner knowingly allowed the vehicle to be used for this purpose.

HB-424 would eliminate certain diminuition credits (basically good time credits, etc.) for inmates convicted of crimes of violence involving firearms.

HB-1263 would eliminate the statute of limitations on the crime of practicing medicine without a license. It was pointed out that many times there is extended times that pass without knowledge that a violation has occurred and this would allow for prosecution even after time had passed.

HB-1075 creates a Third Degree Sex Offense in cases involving persons in authority having sexually inappropriate relationships with juveniles who may be under their direction. It is meant to try and protect juveniles 16 and under from be preyed upon by someone who is in a person in authority who is at least 4 years older than the victim.

HB-985 would create a Third Degree Sex Offense during commission of a Burglary.

HB-1095 would mandate certain training standards on law enforcement agencies throughout the state. It would require some training aspects that are already being taught on a regular and semi-regular basis for an officer to remain certified.would

HB-1192 would eliminate any good time credits for any inmate who is incarcerated for using a firearm in committing a crime.
Wednesday Morning Session:

Third Reader Bill Link

This morning we conducted a 2nd Reader on HB-100 (Budget) and HB-102 (Budget Finance) where several amendments were offered to the budget. The vast number of amendments that would have reduced the spending, secured the Transportation Trust Fund, or require local government receive their share of road money were all rejected by the Democrats. There was one amendment offered by Del. Conway which would allow the Public Service Commission (if they saw fit) to provide a payment of up to $300.000 for the Hudson family toward attorney fees associated with the lawsuit they have been forced to litigate that was brought by a local waterkeeper. I attempted the same type of funding last year but the case had not been fully adjudicated and it was not approved. I was glad to support the amendment offered.
Wednesday Judiciary Hearing:

HB-1382 is a bill I submitted that would require a court to hear from victims (those who desire to file a Victim Impact Statement) of motor vehicle accidents for cases that are within the jurisdiction of the District Court.

HB-911 would extend the deadline by which Maryland would be required to stop issuing various drivers licenses to illegal immigrants to July of 2023.

HB-947 would allow for specific damages to be attributable to manufacturers of lead paint based upon the “market share” the company held at the time the paint was being sold. This bill would be a first for any state in applying this standard for liability purposes.
Wednesday Evening Session:

We returned for a second session to take up the 2nd Reader of SB-276 which calls for a repeal of the Death Penalty. We offered 18 amendments on the bill in an attempt to keep the penalty for certain cases where the actions are so heinous, the Death Penalty option should be retained for future usage (considering that we have only had 10-Death Penalty convictions since 1978 with 5 of those inmates still on Death Row). We tried to keep it for murders of police and correctional officers as well as mass killings (one specific to schools) and acts of terrorism. We tried to retain the option for the aggravated First Degree Murder of a child where a Sexual Assault occurred (such as the case of Sarah Foxwell on the shore). The Democrats were simply unwilling to accept any amendments to the bill and clearly do not want to retain any options for the terrible crimes that will, no doubt, continue to happen in Maryland.

Thursday Morning Session:

Third Reader Bills One of the more controversial bills of the morning was HB-1053 which would allow casinos to hire persons convicted of crimes of “moral turpitude” if they had not committed another offense for at least 7-years. Currently, folks who fall into this category are prohibited from working for the casinos. It appears this bill was designed to help with the hiring of personnel for the Baltimore City and Prince Georges County sites which have yet to be built. In a state that exercises loose legislative morals, this probably comes as no surprise.
Thursday Judiciary Committee Hearings:

HB-542 would create a specific penalty for using a dog as a form of bait in the training of another dog. This is a common abuse when criminals train dogs for fighting purposes. It also would make it a crime to allow this activity to occur on one’s property.

HB-865 would allow a court to order a person convicted of animal cruelty to pay for the cost of housing the animal as well as providing medical treatment for the animal.
Friday Morning Session:

Third Reader Bills We took up three bills today: HB-100/Budget; HB-102/Budget Finance; and SB-276 Death Penalty Repeal.

The budget can be summed up by stating the fact that it is increasing the cost and size of government by over $1.2 Billion over last year. In fact, every year the governor and the democrats increase our state spending by well over a billion dollars totaling a 29% increase since he took office. The total increase in state spending this year is over 6%. My guess is that your family incomes have not increased every year by that amount and this year is no exception. The budget and the finance act did not have to dabble as much in tax increases since we already did that in a previous Special Session last year. We continue to maintain huge gaps in our pension liability funding and our “structural deficit” has not been eliminated. Of course, with over $8 Billion in tax increases in the past few years, one should expect that we would not have the problems we continue to face. Our issues are always the increased spending. The governor and the democrats have spent every dollar of every tax increase while they continue to refuse to cut spending. We are told every year by Del. Conway, the Appropriations Chairman, that “we have cut spending”…but what he means is they did not spend as much as they originally had intended. Truth be told, if they propose to increase spending by $2 billion over last years budget and we only increase spending by $1 billion, in their language, “that’s a billion dollars in cuts”. While it is ridiculous, this is what we hear on the floor every year. This does not count the increases in the Capital Budget that we will take up very soon. Both bills now move to the senate.

The Death Penalty Repeal consisted of a lot of emotional rhetoric from the left. Although you need DNA evidence or a video tape of the act in order to utilize the Death Penalty in Maryland, that is not enough for those who feel more compassion for a murderer than they do for a child in the womb. We have some very bad people who commit some very heinous crimes where the only reasonable sentence is the Death Penalty. The failure of many to recognize the importance of retaining this option for unknown events and defendants in the future is shortsighted and wrong-headed. Their rejection of common sense amendments that would have at least reserved the ultimate penalty for those rare crimes only served as an exclamation point on this bad bill. Sadly, the repeal passed.