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Weekly Legislative Newsletter
Delegate William J. Frank
District 42
March 11, 2010
Dear Constituents:
HB 544 – Sex Offender Legislation
Perhaps no other recent issue has galvanized public revulsion more than the issue of sexual violence against children. The death of 11-year-old Sarah Foxwell in Salisbury at Christmas, allegedly by a convicted sex offender, has motivated members of the House of Delegates to attempt to plug several loopholes in current Maryland law. On Tuesday, February 23rd, the House Judiciary Committee (where I serve as a member) heard testimony on thirty bills dealing with this issue. Our committee hearings began at 1 pm and ended at 10:15 pm.
HB 544, sponsored by me and co-sponsored by several colleagues, was also presented on the 23rd during these committee hearings. This bill was prompted by a situation in our district, specifically in the Campus Hills neighborhood of Towson, but it is certain that the problem is replicated in similar communities in Maryland.
A registered sex offender recently purchased a home in Towson, but under Maryland law, does not have to notify the Baltimore County Police or the Maryland Sex Offender Registry, because he does not consider this house his permanent address. Instead, he rents a room in Annapolis which he considers his primary address, even though he habitually spends a large amount of time in his Towson residence.
So, HB 544 would add a new definition of “habitually lives”, which “includes any place where a person visits for longer than 5 hours per visit more than 5 times within a 30 day period.” It is essential that the public can access accurate information regarding sex offenders in order to provide better security in our neighborhoods.
HB 1367 – Drunk Driving
On March 3, the Judiciary committee heard HB 1367, for which I am the sole sponsor, which would revoke the license, vehicle registration, and driving privilege of anyone convicted of three subsequent alcohol or drug-related driving offenses. This is among the toughest of drunken or drug-impaired driving bills. The reason this bill is necessary is made evident through the tragic death of Miriam Frankl, a 20-year-old student from Johns Hopkins University who, while attempting to cross St. Paul Street last
October 16th, was allegedly killed in a hit-and-run by Thomas Meighan, a man convicted of nine previous drunk driving convictions.
Thomas Meighan should not have been permitted to possess or drive a car in Maryland after he clearly demonstrated his inability to do so with prudence. HB 1367 could have prevented Miriam Frankl’s death, as the bill mandates that upon a third drunk driving conviction, a person permanently forfeits their Maryland driver’s license as well as their car registration.
Michael Dresser, a reporter for the Baltimore Sun, commented on the situation in a November 2009 article that, “There are people who simply should not be permitted to own or operate motor vehicles.” The ability to own and operate a vehicle is a privilege and, as such, should not be given to those who prove an inability to use this privilege responsibly.
HB 756 – Gang Legislation
On Tuesday, March 2, a number of bills addressing the issue of gang criminal activity were heard in the Judiciary Committee. A 2007 law to deal with this issue has been almost completely ineffective; there has yet to be a single prosecution under the statute. We need to put more teeth in the law so that prosecutors have the tools they need to go after criminal gang activity. It is important to remember that we are not attempting to criminalize free associations among people, but when those groups of people engage in organized criminal activity, we need to move forward and prosecute the entire group. Incredibly, there is some form of gang activity in virtually every public high school in Maryland. The problem is widespread and growing, and I hope we can address this issue this year. Sixteen bills addressing gang activity have been introduced but to date, none have been voted on in committee.
One of these bills is HB 756, the Maryland Gang Prosecution Act of 2010, which I am co-sponsoring. This bill would essentially make it easier for prosecutors to prove that crimes committed by known and identified gang members are gang-related. Next, it establishes a uniform way for law enforcement to verify the identity of gang members. Also, the bill adds several additional underlying crimes, such as second-degree assaults and witness intimidation.
HB 152 – Capital Budget
Currently, the Capital Budget is filed as HB 152 and SB 142. The capital budget bill provides for just over $1 billion in funding for Fiscal Year 2011, and provides funding for public school and higher education construction projects, as well as a myriad of projects throughout the state, including libraries, health care facilities, school dormitories and other projects.
Each year, local pet projects are also funded. Known as “bond bills” and usually totaling $15 million annually, these projects are sometimes of questionable validity, and some of them should not receive taxpayer support, in my view. Given the State’s bleak fiscal situation, I will be voting against all bond bills this year. We don’t have the money for these projects.
HB 265 – Increased Penalties for Animal Cruelty
In a national study, Maryland was ranked 40th in strength of animal cruelty laws in 2009, compared with 32nd in 2008. It is obvious that other states are moving forward with stricter animal cruelty legislation, and HB 265 is an effort to improve Maryland’s legislation on this topic. HB 265 would increase the maximum penalty in animal cruelty convictions from 90 days to 1 year. This is completely up to the discretion of the judge, with no minimum penalty established. In addition, this bill would allow judges to determine that upon conviction, a defendant is banned from future ownership of an animal.
It is important to note that 30 States have a maximum penalty of 1 year or more for a conviction of animal cruelty. Also, 22 states as well as Washington D.C allow for the prohibition of convicted defendants from owning animals in the future. Several high profile cases of animal cruelty over the last year have drawn a great deal of public attention on this issue, including the burning of a Baltimore dog named Phoenix.
This legislation is an important measure in preventing violence not only towards animals, but also humans, as animal cruelty presents a gateway to more aggressive behaviors towards people. I heard a great deal of compelling testimony when this bill was heard in the Judiciary Committee on March 4. The chairman of our committee has not brought this bill to a vote yet, but I strongly support this bill. At the time when this bill is called for a vote, I will certainly vote in favor of this legislation
HB 877 – Sunday Hunting
HB 877 would allow Baltimore County residents to hunt deer on private property with a bow and arrow during open season on specified Sundays. This bill was also introduced last year but did not pass.
I have received a good deal of correspondence regarding this bill, and most of the folks I have heard from are opposed to the bill. Their arguments are compelling. Sundays are the only day during the week that residents in large parts of the county have an opportunity to hike through the woods while hunting is not allowed. They just want to enjoy the peace and quiet without being disturbed by hunting. I really see no urgent need for this bill, and I’ll be voting against it in the Baltimore County delegation.
I am pro-hunting and pro-2nd Amendment, and my record is very clear on these issues. Hunters still have an opportunity to hunt with bow and arrow for six days a week for 4 ½ months of the year during hunting season. In my view, that is sufficient.
Upcoming Legislation and Announcements
I am the sponsor of HB 1359, an important bill involving the issue of military pensions. This legislation would assure that in the event of a divorce or annulment of a marriage and remarriage of the former spouse, the ex-spouse in question would not receive further benefits of the military pension. I have received strong support for this bill, and we have lined up several compelling witnesses to testify in favor of it.
The need for this legislation was brought to my attention by a woman I met after speaking to a meeting of nurse practitioners last summer. We subsequently met to discuss what needed to be done, and what other states have done to address some very serious inequities and injustices regarding military retiree pay. I’ll report to you next week after the hearing, which is scheduled for March 18th.
I’m also pressing ahead with my effort to scale back legislative pensions. It’s disappointing that hearings have not yet been scheduled in the House Appropriations Committee on HJ 11 and HJ 12, both of which would provide a less generous pension benefit for legislators. At the least, we are shining the light on this issue, and highlighting the need for reform. Legislators should not have a gold-plated pension plan for a job that is essentially part-time.
Our office always welcomes your input on any issue or legislative proposal. Please contact my office through e-mail at William.Frank@house.state.md.us or call 410-841-3793. We will continue to provide updates regarding the status of important bills in the General Assembly.
Sincerely,
Delegate William J. Frank
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