HEARING ALERT: The Repeat Sexual Predator Prevention Act of 2017

Important Legislation Gives Courts More Tools To Prosecute Repeat Sexual OffendersNote: House Judiciary Committee to Hold Hearing on HB 369 on February 21, 2017, 1:00 PM  

“The first part of our plan is the Repeat Sexual Predator Prevention Act of 2017. This is a bipartisan measure modeled after Senator Brochin’s Prior Bad Acts bill. It will allow a court to admit evidence of a defendant’s prior history of sexual assaults, during prosecution for subsequent sexual offenses.” - Governor Larry Hogan, January 12, 2017

Governor Hogan Has A Record Of Protecting Victims Of Sexual Predators

In 2016, Governor Hogan Signed Legislation To Prohibit District Court Commissioners From Issuing The Pretrial Release Of Out Of State Sex Offenders. “A District Court commissioner may not authorize the pretrial release of a defendant who… is a sex offender who is required to register by another jurisdiction, a federal, military, or tribunal court, or a foreign government.” (“House Bill 166,” Maryland General Assembly, 5/19/16)

In 2016, Governor Hogan Signed Legislation That Requires All Schools To Implement Prevention-Oriented Child Sexual Abuse Program. “The State Board and each nonpublic school in the state shall develop and implement a program of age-appropriate education on the awareness and prevention of sexual abuse and assault.” (“House Bill 72,” Maryland General Assembly, 5/19/16)

• Maryland Joined 26 Other States That Teach Include Sexual Assault Awareness As Part Of Their Curriculum.“Erin’s Law would bring Maryland in line with 26 other states in what kids learn about sexual assault. The bill requires lessons on personal body safety. Children are taught that if they are being sexually abused, not to keep it a secret, but to tell someone.” (“Erin’s Law Headed For Gov. Hogan’s Desk," WMAR, 3/29/16)

In August 2016, Governor Hogan Secured $1 Million In Funding To Support Individuals Impacted By Sexual Assault And Human Trafficking In Baltimore City. “Governor Larry Hogan today announced administration plans to provide at least $1 million in grant funding to local organizations committed to serving and supporting victims of sexual assault and human trafficking in Baltimore City. As addressed in the recent report from the U.S. Department of Justice (DOJ), victims of sexual assault and human trafficking are in need of greater levels of support and protection.” (Press Release, “Governor Larry Hogan Announces $1 Million In Funding For Victims Of Sexual Assault, Human Trafficking In Baltimore City,” Office Of The Governor, 8/18/16)

In November 2016, Governor Hogan Announced Over $46 Million In Victims Of Crime Act Victim Assistance Grants.Governor Larry Hogan today announced that over $46 million in Victims of Crime Act (VOCA) Victim Assistance federal grants will be awarded to state and local agencies and nonprofit organizations that provide assistance, services, and treatment for Maryland citizens who have been victims of crime… VOCA Victim Assistance grants are awarded to organizations that provide direct services to a wide array of crime victims. These agencies include sexual assault and rape crisis centers, domestic violence programs and shelters, child abuse programs, mental health services, and programs for underserved victims.” (Press Release, “Governor Larry Hogan Announces Over $46 Million In Federal Funding For Crime Victims,” Office Of The Governor, 11/21/16)  

Bipartisan Legislation Is Modeled After A Similar Proposal By Senator Jim Brochin

The Maryland General Assembly Has Considered Similar Legislation For Over A Decade. “The bill is based on legislation sponsored over the last 13 years by Sen. Jim Brochin, D-Baltimore County. But the bill has failed in every year that Brochin has introduced it because of prior bad acts are generally inadmissible in criminal proceedings, which generally focus on the act charged and not what had happened earlier because of concerns the information would inflame or prejudice the jury. Brochin is hoping changes to the bill that would allow the prior bad acts to come in under circumstances where the defendant claims the victim is lying will alleviate some of the concerns about the legislation.” (Bryan Sears, “Hogan Announces ‘Justice For Victims’ Legislative Package,” The Daily Record, 1/12/17)  

• Senator Brochin Expressed Optimism That The Governor’s Common Sense Proposal Would Pass The General Assembly This Year. “Brochin is hoping changes to the bill that would allow the prior bad acts to come in under circumstances where the defendant claims the victim is lying will alleviate some of the concerns about the legislation. ‘We’ve gotten this through the Senate previously,’ Brochin said. ‘It’s common sense legislation. As a senator who has been here for 14 years, I’m haunted by the Sarah Foxwell case.’” (Bryan Sears, “Hogan Announces ‘Justice For Victims’ Legislative Package,” The Daily Record, 1/12/17)

Governor Hogan’s Proposed Legislation Has Received Strong Support From Lawmakers, Law Enforcement, And Sexual Assault Survivors

Delegate Brett Wilson: “It recognizes the science that people are often predators, and they are repeat offenders. so this actually gives a tool so that we can make the safe safer for young people to go out and actually do things like normal human beings.” (Tamela Baker, “Del. Brett Wilson Talks About ‘Justice For Victims Initiative’,” Herald-Mail Media, 1/12/17)

Marilyn Mosby, Baltimore City State’s Attorney: “We’ve trekked down to Annapolis with sexual assault survivors since 2013 in hopes of passing this necessary legislation. So, to learn on the second day of the legislative session that Governor Hogan has made this legislation a top priority in his legislative package makes me optimistic that 2017 will be the year we better protect our most vulnerable populations.” (“Gov. Hogan Unveils ‘Justice For Victims’ Initiative,” WBALTV, 1/13/17)

Chief David Morris, President, Maryland Chiefs Of Police Association: “We recognize that defendants deserve an adequate defense, but in this case, victims deserve justice. This is a common sense bill.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)       

Sheriff Troy Berry, Charles County: “This is very sensible legislation. It will definitely help safeguard, or attempt to safeguard, in reference to the testimony you heard today - very compelling testimony. And I simply just want to say, we ask for a favorable report in regards to this legislation. It’s common sense, it’s procedural, and it will allow me, as an elected sheriff of my community, the head law enforcement agency of my community, to safeguard my community against sexual predators.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17) 

Roberta Roper, Victims Rights Advocate: “To achieve positive change, someone has to listen and someone has to take action to change old behaviors and fully apply the law. We thank Governor Hogan for listening and making positive changes.” (Press Release, “Governor Larry Hogan Announces 2017 Justice For Victims Initiative,” Office Of The Governor, 1/12/17)

Adam Rosenberg, Executive Director, Baltimore Child Abuse Center: “When we look at the history of any of these classic pedophile cases, we often see that there’s a long history of grooming that goes on, of different details and acts, and events, an that occur along the way, that really do need to be brought into a trial to be able to show that the child wasn’t lying there.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)   

Angela Wharton, Sexual Assault Survivor, CEO Of Phynyx Ministries: “But what I cannot fathom, what I cannot stomach, is the thought of a rapist or child molestor escaping punishment, even in the face of DNA evidence - because Maryland law does not afford local prosecutors and survivors the same judicial framework as federal law.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)     

Shatia Lansdowne-Ware Sexual Assault Survivor: “I feel compelled to fight for this law… because if I do not, I am contributing to the brutal attack of another woman or child.” (Tricia Bishop, “Md. Court Rules That Protect Serial Rapists Over Victims Must Be Changed,” The Baltimore Sun, 2/17/17)    

The Repeat Sexual Predator Prevention Act Of 2017

Governor Hogan's Proposed Legislation, The Repeat Sexual Predator Prevention Act of 2017, Would Allow A Court To Admit Evidence Of A Defendant’s Prior Sexually Assaultive Behavior During Prosecution For Certain Sexual Offenses Under Specific Circumstances. “The court may admit evidence of sexually assaultive behavior if the court finds and states on the record that: The evidence is being offered to: Prove lack of consent; or Rebut an express or implied allegation that a minor fabricated the sexual offense; The sexually assaultive behavior was proven by clear and convincing evidence; and The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.” (“House Bill 369,” Maryland General Assembly, 1/25/17)