Legislation to face tougher time in Senate
Sex offender legislation approved preliminarily in the Maryland House of Delegates is expected to have a tougher time in the Senate.
The Maryland House of Delegates approved tripling the minimum prison sentence for child sex offenders from five to 15 years and removing the possibility of parole in a preliminary vote, following final passage of two other sex offender-related bills.
But the bill could have a tough time making it through the Senate Judicial Proceedings Committee, where it will go after a final vote in the House, because the committee members typically shy away from mandatory prison sentences, said Del. Michael D. Smigiel, R-Cecil County.
Smigiel has been pushing for a minimum 20-year prison sentence without the possibility for parole, but the House Judiciary Committee reduced the sentence through amendments. Adults charged with second-degree rape or second-degree offense of a child younger than 13 would be eligible for the lengthened sentence.
“We have a strong first-degree sentence, but second-degree is where most cases are tried,” said Sen. Bryan W. Simonaire, R-Anne Arundel. “When we lock these criminals up, we need to keep them in there.”
The use of a weapon is the only separation between first- and second-degree assault, but “when you are an adult preying on a child, your own body is a weapon,” said Stacie Rumenap, president of Stop Child Predators.
Cracking down on sex offenders has been a major thrust of the 2010 session following the murder of 11-year-old Sarah Foxwell, who was abducted by a registered sex offender on the Eastern Shore and found dead on Christmas.
The House also has passed a bill barring “good behavior” prison credits that reduce prison terms, which is likely to breeze through the Senate. The entire chamber has co-signed a similar bill sponsored by Sen. Nancy Jacobs, R-Cecil County.
The House approved a third bill on Friday that would require lifetime supervision for sex offenders, which Senate President Thomas V. Mike Miller Jr., R-Calvert and Prince George’s counties, has said he supports.
Judicial Proceedings Committee Chairman Brian Frosh, D-Bethesda, also said he supports post-conviction reforms. Maryland laws are weakest when it comes to post-conviction supervision, he said.
