Observations and Reflections on Legislative Activities
By Delegate Michael A. McDermott
Week 6 February 10-14, 2014
Monday Evening Session:
Our annual Lincoln Day Address was given by Delegate Herb McMillan (R-Anne Arundel)
Tuesday Afternoon Judiciary Hearings:
HB-311 would require the courts, upon request of the State’s Attorney, to indicate whether or not a crime should be designated as “gang related”. There was much discussion on the need to see this designation applied.
HB-312 would include Parking Enforcement Officers under the statute which provides a felony charge for 2nd Degree Assault as in the case with law enforcement officers. We heard from several officers that have been seriously assaulted committed against them while they were performing their duties in issuing citations.
HB-342 would provide protection from civil or criminal prosecution if someone reports a drug/alcohol overdose when they otherwise might be charged based upon evidence of drug use or alcohol violations at the scene of the incident. This is said to be a “good Samaritan bill”. We heard testimony from family members of those who died as a result of a drug/alcohol overdose when the incident was not reported. It is in the same posture as HB-425. I asked how far the immunity would be extended under these circumstances and the response seems that it is unclear in the both bills.
HB-358 would direct the Governor’s Office of Crime Control to develop a training program to address human trafficking in Maryland.
HB-362 would insure that certain employees and volunteers in the public schools would fall under the statute that prohibits sexual contact with a minor. It would designate certain persons as “person in a position of authority” at a school that could be deemed not to be included under this law. The bill is in a similar posture as HB-781.
HB-410 would allow a person convicted of a non-violent misdemeanor to file for an Expungement of the offense after 2-years if the person has no previous criminal record. This bill goes way beyond the concept of “shielding” a record (certain exceptions applied for public safety concerns). We heard more testimony against this bill rather than for it to be adopted.
HB-425 would provide protection from civil or criminal prosecution if someone reports a drug/alcohol overdose when they otherwise might be charged based upon evidence of drug use or alcohol violations at the scene of the incident. This is said to be a “good Samaritan bill”. We heard testimony from family members of those who died as a result of a drug/alcohol overdose when the incident was not reported. It is in the same posture as HB-342. I asked how far the immunity would be extended under these circumstances and the response seems that it is unclear in the both bills.
HB-491 is another “Revenge Porn” bill. We have seen multiple bills this session which seek to make it illegal for a person to distribute sexually explicit photos or video of another without their permission.
HB-552 would grant certain police powers to the law enforcement staff currently serving the Anne Arundel Community College. This designation would make them capable of conducting law enforcement practices including the wearing and carrying of firearms and the powers of arrest.
HB-599 would alter the Law Enforcement Officers Bill of Rights so that a trial board could not receive evidence that was collected in a way that is contrary to the manner which is stipulated in the LEOBR. It would apply the Exclusionary Doctrine to evidence utilized in these trial boards.
HB-646 would extend the Statute of Limitations for the crimes of Solicitation to Commit Murder or Arson to be the same as the underlying crime (no limitation). There were questions raised about having an unlimited time period to address these crimes which may not have resulted in the act actually ever having occurred.
HB-781 would insure that certain employees and volunteers in the public schools would fall under the statute that prohibits sexual contact with a minor. It would designate certain persons as “person in a position of authority” at a school that could be deemed not to be included under this law. The bill is in a similar posture as HB-362.
Wednesday Afternoon Judiciary Hearings:
HB-195 is another misdemeanor Expungement bill. It would require a person to have committed the misdemeanor crime before they were 35 and 10-years has passed since the crime was committed-they would then be eligible. We will probably see a bill that seeks to shield these types of convictions except for public safety purposes this year.
HB-439 would provide that someone serving jury duty could be exempt from service if they are the caregiver for a child under 6, a breastfeeding mother, or is a parent on maternity/paternity leave.
HB-568 would allow a court to award “reasonable attorney’s fees” in cases where there is a civil action which results in the enforcement of the Maryland Constitution or Maryland’s Declaration of Rights.
HB-570 would alter the calculation of an estate for a surviving spouse by allowing the election of several options by the surviving spouse.
HB-641 would allow for a psychiatrist to break their confidentiality agreement with a patient or former patient when placed under oath in court or if they need to provide information for a peace order hearing. We heard from several representatives of the doctors that it is often in the interest of public safety for them to disclose certain conversations they may have with a patient to prevent harm to another.
HB-656 would provide a definition for “serious crime” as it relates to a person being granted Letters of Administration (which relates to wills and estates). It would prevent the court from assigning a person as such who had been convicted of certain crimes defined in the legislation.
HB-726 proposes a Constitutional Amendment that would raise the mandatory retirement age for judges from the current age of 70 to age 75.
Wednesday Afternoon Judiciary Voting Session:
Third Reading Calendar (House Bills) #2
Third Reading Passed (118-3)
This is the Earmark Bond Bill for $1.5 million for the Sailwinds project in Cambridge. Although this was a technical name change on the project, I do not vote for additional state debt as we are already in over our heads.
Third Reading Calendar (House Bills) #3
Third Reading Calendar (Senate Bills) #2
This is the Senate companion Earmark Bond Bill for $1.5 million for the Sailwinds project in Cambridge. Although this was a technical name change on the project, I do not vote for additional state debt as we are already in over our heads.
There were no Committee Hearings on Thursday due to weather conditions.
Friday Morning Session:
