Annapolis, MD – January 21, 2020 – The House Minority Caucus today unveiled a robust legislative package to combat the urgent crisis of violent crime in Maryland. The legislation focuses on increasing the amount of time violent and repeat violent criminals spend behind bars and making the theft of a gun a felony. Also included in the package is a bill requiring state and local correction facilities to cooperate with ICE Detainers for those who have previously committed violent crimes. In addition, the legislation also seeks to improve transparency throughout the judicial system including more specific reporting of and increasing victim input in plea deals and allowing the media to film and show the public the sentencing portion of criminal procedures.
“Maryland is in the midst of a violent crime crisis,” said House Minority Leader Nic Kipke. “While Baltimore City is ground zero for this plague of violent crime, this is not simply a city issue as we are seeing an alarming amount of violent crime throughout the region. This is a crisis and far too many lives are being lost. Marylanders are in danger. Marylanders are dying. Carmen Rodriguez was shot and killed in front of her four young children just days before Christmas. Destiny Harrison was shot and killed in her salon that same day, leaving behind her one-year-old daughter. Maryland families are being torn apart. Marylanders are living in fear, and they have had enough.”
“There were 348 homicides in Baltimore City in 2019 which is the highest per capita crime rate the city has ever had,” said Minority Whip Kathy Szeliga. “Baltimore County had the deadliest year ever with homicides up 85 percent. The city has seen 15 homicides already this year. How many more people have to die before this legislature acknowledges this crisis?”
Stopping Dangerous and Violent Offenders Act of 2020
In 2019, there were 86 suspects arrested for violent crime in Baltimore City. Of those 86 suspects, more than 50 percent of them had been previously arrested for violent crime, nearly 13 percent were prior homicide suspects, and nearly 45 percent had been arrested for gun crimes.
Under current law, a person convicted of a violent crime must serve at least 50 percent of their sentence. The Stopping Dangerous and Violent Offenders Act of 2020 will require those who are convicted of violent crimes serve at least 90 percent of their sentence before they are eligible for parole.
“The first thing we have to do is make sure individuals who are committing heinous acts and exhibit zero respect for human life go to jail and stay in jail,” said Assistant Minority Leader Matt Morgan. “This is common sense legislation that our citizens understand. Dangerous people have no business walking free in our communities.”
Protecting Marylanders from Violent Crime Act of 2020
There has been a disturbing trend in many areas of our state where local governments have decided not to cooperate with Immigration and Customs Enforcement (ICE) on a wholesale level, even in cases where there are immigration detainers on violent offenders. Protecting Marylanders from Violent Crime Act of 2020 requires state and local corrections officials to comply with ICE detainers on the worst offenders; terrorists, violent criminals, and gang members.
“The debate on illegal immigration has been a divisive one in the General Assembly, in our state, and across our country,” said Delegate Kipke. “Over the last several years it has gotten completely out of control with local jurisdictions knowingly allowing violent criminals to walk free. One item we all should be able to agree on is that there is no place in our communities for people who commit violent crimes, acts of terrorism, or who participate in criminal street gangs.”
The Protecting Marylanders From Violent Crime Act of 2020 requires state and local correctional facilities to comply with ICE detainers for those convicted of violent crimes, terrorism, and participation in criminal street gangs.
“Over the last year, regions across the state have seen horrendous crimes including sexual assaults, child sex abuse, and gruesome gang-related murders and mutilations,” said Chief Deputy Whip Jason Buckel. “One disturbing element these crimes have in common is many of the suspects had previous immigration detainers that were ignored by local authorities.”
In April of 2019, Ariana Funes-Diaz, a 14-year-old girl from Adelphi, was killed in a tunnel, stripped naked, beaten with a baseball bat and slashed with a machete. Her body was found a month later. According to media reports, the MS-13 members who killed her were worried she was about to turn them in to law enforcement for a robbery. Two of the three suspects in Arianna’s murder had been previously jailed a year prior in a separate robbery case in Prince George’s County. They were released back into the community even though they had active ICE detainers.
In August of 2019, corrections officials in Montgomery County released a man who was charged with raping an intoxicated woman even though he had an active ICE detainer. In 2017, Montgomery County also ignored an ICE detainer, releasing a 19-year-old man who had broken into a police car, stolen an AR-15, and brought the gun to Albert Einstein High School. Fortunately, ICE was able to apprehend him after his release from custody.
“Governments have a moral responsibility to keep their citizens safe,” said Delegate Buckel. “Public safety should not be dependent on the political agendas of elected officials. This legislation only impacts those people who are in our country illegally and doing harm to others. It should be an issue where we can find common ground.”
Gun Theft is a Felony Act of 2020
“Too often in Annapolis, the firearms debate focuses on people who are obtaining firearms through legal means,” said Delegate Kipke. “Law abiding citizens see their 2nd amendment rights stripped away as legislators try to prevent terrible acts. Meanwhile, little attention is giving to the act of stealing a firearm, which under Maryland law is only a misdemeanor.”
The Gun Theft is a Felony Act of 2020 makes the theft of a firearm a felony with a minimum sentence of 2 years and a maximum sentence of 5 years for the first offense. A second or subsequent conviction carries a sentence of at least 5 years with a maximum of 10 years in prison.
“The vast majority of guns used to commit crimes are illegally purchased or stolen,” said Delegate Wendell Beitzel. “This is common sense legislation that deals directly with the unlawful possession of firearms and will hopefully see bipartisan support.”
Truth in Plea Deals Act of 2020
Combatting the crisis of violent crime is not limited to dealing with criminals and their weapons. Judicial transparency and reform are key to reestablishing public trust.
“Rampant plea deals are a festering sore on our judicial process,” said Delegate Szeliga. “These deals are made outside of the public view and are often a source of public outrage. Plea deals may sometimes be necessary or warranted, but they also contribute greatly the citizens’ distrust of the judicial system.”
State regulations require the Maryland State Commission on Criminal Sentencing Policy to consider any plea deal as within sentencing guidelines. For example, if a person is charged with a crime that carries a sentence of 5-10 years, but through a plea deal are only sentenced to serve 2 years, the Commission is required to count the 2 year sentence as within the guidelines. This legislation eliminates that practice and only allows plea deals to count as within sentencing guidelines if they actually fall within those guidelines.
“The current regulation skews sentencing data and makes jurisdictions appear much more compliant in sentencing than they are,” said Delegate Buckel. “This runs counter to the judicial transparency our citizens have been demanding.”
Victim Empowerment in Plea Deals Act of 2020
“Too frequently in Annapolis, the needs and concerns of crime victims are overlooked or not given significant consideration,” said Delegate Morgan. “In cases where plea deals are being made, victims of crime should have the opportunity to be heard.”
The Maryland Constitution requires that victims be notified of a plea agreement. The “Victim Empowerment in Plea Deals Act of 2020” goes a step further and provides an opportunity for victims or their representatives to certify that they have been notified of the plea agreement and, should they so choose, gives them an opportunity to have their opinion and feedback on the plea agreement entered into the court record.
Cameras in the Courtroom Act of 2020
The Cameras in the Courtroom Act of 2020 allows media outlets to film the sentencing portion of a criminal trial. The bill excludes juvenile cases and requires the media to request permission from the court to film the proceedings. Victims have the right to opt out of being on camera. The judge must consider the privacy and safety of jurors and victims when determining whether to allow the request and must deny the request to film if requested by the victim.
“We are living in an era where government is more accessible to our citizens than ever before,” said Delegate Szeliga. “This is not always the case with the judicial branch. This is a separate, co-equal branch of government whose significant operations often happen behind closed doors. This legislation provides an opportunity for the media to pull back the veil and show our citizens how the judiciary branch functions.”
“There is no single solution to magically end our state’s violent crime crisis. It is not a simple issue,” said Kipke. “Our Caucus is here to offer these serious proposals that we believe will help to reduce violent crime across our state. We know we don’t have all of the answers, but we are willing to start the conversation.”
“While Baltimore City is averaging nearly one homicide per day, all we have heard from the other side of the aisle so far this session is how to protect our citizens from plastic bags, chatter about expanding gambling, and looking for new and creative ways to increase our taxes,” said Delegate Szeliga. “We cannot delay in making our state safer. We must do something now.”
