Repeat Sexual Predator Prevention Act

Governor Hogan Thanks Members Of The Maryland Senate And House Of Delegates For Passing Important Legislation To Prosecute Repeat Sexual Offenders

“We all know sexual predators follow patterns of behavior, and that a single victim is often not the perpetrator's only victim. We have reintroduced our Repeat Sexual Predator Prevention Act, which will allow a court to admit evidence of a defendant’s prior history of sexual assaults during prosecution for subsequent sexual offenses. Our proposal will ensure that prosecutors have the tools needed to bring these criminals to justice.” - Governor Larry Hogan, March 14, 2018

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.” (“Senate Bill 298,” Maryland General Assembly, 1/22/18)
Legislation Sponsored By Senator Jim Brochin, The Repeat Sexual Predator Prevention Act Of 2018 Includes A Similar Provision As The Bill Introduced By Governor Hogan.“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 evidence meets the requirements of Maryland Rule 5-403.” (“Senate Bill 270,” Maryland General Assembly, 3/14/18)

Legislation Sponsored By Delegate Vanessa Atterbeary, The Repeat Sexual Predator Prevention Act Of 2018 Includes A Similar Provision As The Bill Introduced By Governor Hogan. “The court may admit evidence of sexually assaultive behavior if the court funds 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 defendant had an opportunity to confront and cross-examine the witness or witnesses testifying to the sexually assaultive behavior: The sexually assaultive behavior was proved by clear and convincing evidence; and The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.” (“House Bill 301,” Maryland General Assembly, 3/13/18)

Similar Legislation Has Been Introduced For Over A Decade; Receives Strong Bipartisan Support

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)
The Maryland House Republican Caucus Urged Action On The Repeat Sexual Predator Prevention Act; Noted The Support Of More Than 120 General Assembly Members. “House Republicans today demanded action on legislation that would protect our communities from repeat sexual predators. During prosecution for sexual offenses, House Bills 301 and 353 will allow a court to admit evidence of a defendant’s prior history of sexual crimes or abuse. Similar legislation has been before the committee 14 times. While the Senate unanimously passed the bill in 2016, this legislation has never moved out of the House Judiciary Committee. These bills have received wide bipartisan support, with more than 120 members of the General Assembly co-sponsoring these bills and their crossfiles. The Women’s Caucus and the Legislative Black Caucus have also indicated their support for this type of legislations.” (Press Release, “House Republicans Demand Action On Sexual Predator Prevention Act - Promise To Petition Legislation From Committee In Order To Pass It Before Deadline,” Maryland House Republican Caucus, 3/13/18)
The Maryland Women's Caucus Support The Repeat Sexual Predator Prevention Act Of 2018. “Great news! Just learned that the Maryland Women's Caucus just voted to support The Repeat Sexual Predator Prevention Act of 2018, which I have introduced along with my friend and colleague Delegate Vanessa Atterbeary, and being supported by Baltimore City State's Attorney Office and Marilyn Mosby, Esq.” (Jim Brochin, Facebook, 1/25/18)
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)

Common Sense Bipartisan Legislation Received Unanimous Support In The Maryland General Assembly

Members Of The Maryland Senate Voted Unanimously 44-0, On Third Reading, To Approve Senate Bill 270. (“Senate Bill 270,” Maryland General Assembly, 3/16/18)

Members Of The House Of Delegates Voted Unanimously 137-0, On Third Reading, To Approve House Bill 301. (“House Bill 301,” Maryland General Assembly, 3/19/18)