HEARING ALERT: Repeat Sexual Predator Prevention Act

Important Legislation Gives Courts More Tools To Prosecute Repeat Sexual Offenders

Note:House Judiciary Committee to Hold Hearing On HB 353 on January 30, 2018, 1:00 PM

“We are also introducing the Repeat Sexual Predator Prevention Act of 2018. This bill will allow courts to admit evidence of a defendant’s prior history of sexual crimes or abuse during prosecution for subsequent sexual offenses.”- Governor Larry Hogan, January 4, 2018

Governor Hogan Has A Strong Record Of Protecting Victims Of Sexual Predators

In 2017, Governor Hogan Signed Legislation Allowing Convictions In Other States To Apply Toward Repeat Offender Penalties In The Case Of First And Second Degree Rape And Sexual Offense. “...A person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident: of any violation of § 3-303, § 3-304, § 3-305, or § 3-306 of this subtitle; or in another state or in a federal, military, or Native American tribunal court of a crime that, if committed in this state would constitute a violation of § 3-3-03, § 3-304, § 3-305, or § 3-306 of this subtitle.” (“House Bill 738,” Maryland General Assembly, 5/25/17)

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 sexualassault. 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)

Since Taking Office, Governor Hogan Has Secured Over $110 Million In Victims Of Crime Act Victim Assistance Grants; In The Past Year Alone, More Than 181,000 Victims In Maryland Received Aid. . 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.” (Governor’s Office Of Crime Control & Prevention; Press Release, “Governor Larry Hogan Announces Over $46 Million In Federal Funding For Crime Victims,” Office Of The Governor, 11/21/16)

Governor Hogan Introduced The Repeat Sexual Predator Prevention Act Last Session

Governor Hogan: “This bipartisan proposal has been considered by the legislature for several years now, but amazingly has never passed. We want this year to finally be the year that this common sense measure is enacted into law.” (Remarks, “Victims Of Crimes Initiatives,” 1/4/18)

Last Session, Governor Hogan Introduced The Repeat Sexual Predator Act Of 2017. (“Senate Bill 316,” Maryland General Assembly, 11/28/17; “House Bill 369,” Maryland General Assembly, 11/28/17)
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)

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

The Repeat Sexual Predator Prevention Act Is Sponsored By A Group Of 16 Bipartisan Senators And 46 Members Of The House Of Delegates. (“Senate Bill 298,” Maryland General Assembly, 1/22/18; “House Bill 353,” Maryland General Assembly, 1/23/18)

Marilyn Mosby, Baltimore City State’s Attorney: “This bill puts Maryland in line with 37 other states and federal law; and it gives us the tools as prosecutors, to fight against repeat violent perpetrators on behalf of the survivors of sexual assault.” (Michael Dresser, “Gov. Larry Hogan Supports Bill To End Rapists’ Parental Rights, Backs Measures To Protect Victims,”The Baltimore Sun, 1/5/18)

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)

Lisae Jordan, Executive Director, Maryland Coalition Against Sexual Assault: “Right now, Maryland does not allow juries to consider needed information and, as a result, too often sex offenders go free. We need a rule or a bill that is fair to survivors of sexual assault.” (Ovetta Wiggins, “Hogan Offers Support For Bill That Would Terminate The Parental Rights Of Rapists,” The Washington Post, 1/5/18)

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)

Repeat Sexual Predator Prevention Act

Governor Hogan's Proposed Legislation, The Repeat Sexual Predator Prevention Act, 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 victim 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 353,” Maryland General Assembly, 1/23/18)