Legislative Agenda

2024 - MCASA Legislative Agenda

The Maryland Coalition Against Sexual Assault (MCASA) is a non-profit membership organization that includes all of the State’s seventeen rape crisis centers, law enforcement, mental health and health care providers, attorneys, educators, survivors of sexual violence and other concerned individuals. MCASA includes the Sexual Assault Legal Institute (SALI), a statewide legal services provider for survivors of sexual assault. MCASA supports legislation that promotes justice for survivors of sexual violence, accountability for offenders, and protection for the general public. MCASA represents the unified voice and combined energy of all of its members working to eliminate sexual violence in the State of Maryland.

2024 Legislative Report

The Maryland Coalition Against Sexual Assault (MCASA) supports legislation that promotes justice for survivors of sexual violence, accountability for offenders, and protection for the general public. MCASA responds to policy questions and legislative initiatives throughout Maryland's legislative session (January-April). During the 2024 legislative session, MCASA continued to advocate in Annapolis for the needs of sexual assault survivors and the programs that serve them. During this second year of the term, the General Assembly found a new rhythm and worked together to move out of the pandemic and address new challenges. We are grateful for our continued partnerships with law makers and their careful consideration of challenging issues and the needs of survivors.

Funding is vital for survivors. Chief among MCASA’s responsibilities is to ensure that sexual assault survivors and the programs that serve them have critical resources. We are immensely grateful for continued budgetary support in the FY25 budget from the Moore Administration and the General Assembly. Chair Ben Barnes and Chair Guy Guzzone faced significant budget challenges but never took their eye off the ball, and they continued to ensure that rape crisis programs received the support they need. Subcommittee chairs Senator Sarah Elfreth and Delegate Jazz Lewis helped usher in a new era as the Moore administration took charge of the Governor’s Office of Crime Prevention & Policy.

Justice. As always, many of MCASA’s priority bills were heard by the House Judiciary and Senate Judicial Proceedings Committees. Chair Luke Clippinger continued to quietly and effectively ensure that the needs of sexual assault survivors and other victims were considered by the Judiciary Committee and Chair Will Smith created new processes to carefully consider the difficult issues presented. MCASA is grateful to everyone who worked to improve public policy for sexual assault survivors.

Of particular note, the bill on Consent and Repeal of Force (HB496/SB758) passed the General Assembly. Delegate Emily Shetty was our wonderful lead House sponsor and was joined by the passionate Senator Ariana Kelly in the Senate. Schools all over Maryland teach children that consent is needed before sexual intimacy. Now our laws are based on the same principle. MCASA was honored to help amplify the voices of survivors as they testified on the shortcomings of the current law and the need for access to justice. Students from across the state told their stories and expressed their outrage that sex without consent was not always considered rape under Maryland’s criminal law. Joyce King, Chief Counsel for the Frederick County State’s Attorney Office led a strong coalition of prosecutors supporting the bill, including elected State’s Attorneys Aisha Braveboy and Ivan Bates, and special victims prosecutors Debbie Feinstein, Gavin Patashnick, Jessie Garth, and Deputy State’s Attorney Christine Dulla. Attorney General Anthony Brown provided crucial and effective advocacy for survivors. Together this team helped give more survivors access to justice and sent the clear message that Maryland believes consent is fundamental.

Care. Survivors face real challenges with access to sexual assault forensic exams (SAFEs) in Maryland. Last session, the General Assembly directed the Attorney General’s Sexual Assault Forensic Exam Funding & Policy Committee to analyze how to respond to commercial companies marketing self-administered “rape kits” and whether this was an appropriate response to the gaps in SAFE access. The Committee responded with a thorough analysis and recommendations to ban self-administered kits. The General Assembly enacted a ban based on this recommendation and also added important language to void waivers of a survivor’s rights to sue (SB949/HB1047). Rhea Harris from the Office of the Attorney General did an amazing job navigating well-funded opposition to the bill. Senator Shelly Hettleman and Vice Chair Sandy Bartlett continued to be exemplary leaders in efforts to support sexual assault survivors. Crucially, a bill to allow Peer-to-Peer TeleSAFE was also passed (SB950/HB1127) and holds the promise of meaningfully increasing access to forensic exams. The Maryland Hospital Association and Jane Krienke were crucial to this effort.

Coalition is part of MCASA’s name and central to our identity. We work in coalition with many other advocates in Annapolis as we join forces to support common interests. Some of the many advocates we work with include the Maryland State’s Attorneys’ Association, especially the co-chairs of its Special Victims Committee Joyce King and Debbie Feinstein; the Maryland Children’s Alliance and Wendy Myers and Neal Karkhanis; the Maryland Association of Nonprofit Organizations and Henry Bogdan; the Maryland Hospital Association and Jane Krienke; Katie Curran O’Malley and Laure Ruth at the Women’s Law Center of Maryland; our sister coalition, the Maryland Network Against Domestic Violence and its public policy director, Melanie Shapiro; the Maryland Legislative Agenda for Women (MLAW), and the Attorney General’s Office under the leadership of Anthony Brown.

MCASA could not make progress for survivors of sexual violence without the help of these amazing colleagues. Thank you.

Finally, please know that all of your calls, emails, texts, testimony and advocacy make a difference. Laws to help survivors of sexual violence would not pass if you did not participate in the process and tell lawmakers that this issue matters to you. A full summary of our legislative work is below. Please reach out with questions, suggestions for next session, and to show support for survivors of sexual violence at [email protected].

MCASA's 2024 Top Priorities

Rape Crisis Center Funding
MCASA supports full funding of rape crisis center services and monitors the budget process and individual funding bills. It is critical that we maintain support for the core services that sexual assault survivors need. Last session, $1 million in new general funding was allocated to MCASA to help support rape crisis centers and as a result of support from Chair Ben Barnes and Chair Guy Guzzone, $1 million was allocated again for next fiscal year (our sister coalition, the Network Against Domestic Violence, also will receive $1 million). The General Assembly also corrected a budget mistake in formula funding that would have cut core services. Finally, GOCPP will be resuming its practice of providing monthly reimbursements for grants to non-profits, a vital practical support for rape crisis centers and other victim services providers.

Consent and Repeal of Force – HB496/SB758 – PASSED
A bill to create a statutory definition of consent and make it clear that people have the right to control who touches their body in a sexual manner. This bill repeals the requirement that the state prove “force or threat of force” in 2nd degree rape cases, and creates a definition of “consent” applicable throughout the sex crimes subtitle. Additionally, the bill requires collection of data on rape and sex offense charges and convictions, including important information regarding sex, age, and race. We especially appreciate the testimony of the brave survivors who helped pass this important law. Lead Sponsors: Delegate Emily Shetty (Delegate Liz Embry, lead co-sponsor) and Senator Ariana Kelly.

Ban on Commercial Self-Administered Sexual Assault Forensic Kit and Prohibition on Enforcing Rights Waivers – HB1047/SB949 – PASSED
Banning commercial self-administered sexual assault forensic kits (sometimes referred to as DIY rape kits) and voiding waivers of a survivor’s right to sue or take other action against those providing sexual assault forensic exams or kits (whether self-administered or not). This is an important bill to prevent profiteering at the expense of sexual assault survivors. Senators Shelly Hettleman, Sarah Elfreth, Nancy King, and Bill Folden all deserve special appreciation for standing up for survivors on this issue in the Senate, and Vice Chair Sandy Bartlett and Chair Luke Clippinger were eloquent as they advocated for justice for survivors in the House. Lead sponsors: Senator Shelly Hettleman and Vice Chair Sandy Bartlett.

Priorities and Bills of Interest by Topic (MCASA supported these bills unless noted):

Criminal Law

Sexual Solicitation of a Minor – Child Pornography – HB99/SB113 – PASSED
Adding soliciting a minor to create child pornography to the law prohibiting sexual solicitation of a minor. Lead Sponsors: Vice Chair Sandy Bartlett and Senator Ariana Kelly.

Indecent Exposure in the Sight of a Minor – HB5/SB130 – PASSED
This bill increases penalties for indecent exposure with prurient intent in front of minor. This type of behavior can be a gateway to more serious sex offenses against children and traumatizing to young people. For two years in a row, this bill passed both the House and the Senate, and failed to receive a final vote on the floor on sine die. We appreciate Vice Chair Brian Crosby for his tenacity and continued advocacy to protect children. Lead sponsors: Vice Chair Brian Crosby and Senator Jack Bailey.

Revenge Porn, Sextortion, and Stalking – Time to Prosecute – SB391/HB544 – PASSED
A bill to expand the time to file charges in revenge porn, sextortion, and stalking cases. There will be NO statute of limitations in revenge porn cases, a 10 year statute of limitations in stalking cases, and a 5 year statute of limitations in sextortion cases.
Lead Sponsors: Chair Vanessa Atterbeary and Senator Ariana Kelly.

Diminution Credits – First Degree Rape (Pava Marie LaPere Act)– SB1098/HB301 – PASSED
Named for Pava Marie LaPere, who was murdered by a sex offender released because he earned diminution credits, this bill prohibits all offenders convicted of first degree rape from earning diminution credits. MCASA was honored to testify with Pava Marie’s parents and expresses deep condolences for their loss. Lead sponsors: Chair Will Smith and Delegate Liz Embry.

Interception of Communications – Exception for Imminent Threat of Serious Crime – HB290/SB610 – Passed House, no vote in Senate Judicial Proceedings
Allowing an exception to the prohibition against recording another without consent when the person making the recording believed there was imminent threat of danger from a list of crimes including rape, other crimes of violence, stalking, and abuse. This is an issue that needs to be addressed. There have been cases where rape survivors have recorded the crime and the recording was both inadmissible and the survivor could have been (but was not) charged with a felony. Efforts to pass a compromise bill addressing only “crimes of violence” under CrimLaw §14-101 ran out of time on sine die, but provide a good starting place for next session. Lead sponsors: Delegate Robin Grammer and Senator Bill Folden.

Interception of Communications – Felony to Misdemeanor – HB274 – Passed House, no vote in Senate Judicial Proceedings
Reducing the penalty for violating the “all party consent” to audio recording law from a felony to a misdemeanor. Lead sponsor: Delegate Karen Simpson.

Visual Surveillance with Prurient Intent – SB555/HB288 – Passed House, no vote in Senate Judicial Proceedings
A bill making it clear that the prohibition against visual surveillance with prurient intent applies in private residences and increasing the penalty for visual surveillance with prurient intent of a minor. Lead sponsors: Delegate Jesse Pippy and Vice Chair Jeff Waldstreicher.

Animals – SB17/HB667 – Passed in the Senate, Died on the House Floor
A bill to treat abused animals as separate victims (including in cases involving sexual abuse). Lead sponsors: Senator Chris West and Delegate Liz Embry.

Child Abuse Victim Testimony via Closed Circuit Video – HB141 – Passed House, no vote in Senate Judicial Proceedings
Repealing the requirement in child abuse cases that before the child victim is allowed to testify by closed circuit television, the child’s emotional distress must be such that the child cannot reasonably communicate, and requiring instead the child would suffer serious emotional distress. This responds to case law that severely limits the ability to use the current statute. Lead sponsors: Delegate Jesse Pippy and Delegate Karen Simpson.

Images of Child Sexual Abuse (Child Pornography) – Children Under 13 – SB65 – Passed Senate Judicial Proceedings, no vote in House Judiciary
Increasing penalties for production or possession of images of child sexual abuse (child pornography) of a child under, or indistinguishable from a child under, 13 years old; this bill also addresses charging rules for multiple images. Thank you to prosecutor and excellent advocate Gavin Patashnick for his work on this important bill. Lead sponsor: Senator Mary-Dulaney James.

Intentional Transmission of HIV – Support with Amendment – HB485/SB1165 – Did Not Pass
A bill to repeal a law regarding intentional transmission of HIV. MCASA firmly supports the repeal of HIV specific language and requested an amendment to permit prosecution of transmission of any communicable disease with the specific intent to harm. Sexual assault survivors and first responders report receiving threats to transmit a range of diseases as a part of a sexual assault and MCASA does not believe that HIV should be singled out. Lead sponsors: Delegate Kris Fair and Senator Karen Lewis Young.

Law Enforcement Officers, Correctional Employees, and Court–Ordered Services Providers – Prohibition on Sexual Activity – Penalties and Registry – SB177/HB302 – Did Not Pass
A bill to increase penalties for sexual activities by persons in authority within the criminal justice system when the victim is in their custody or under their authority. Lead sponsors: Senator Anthony Muse and Delegate Liz Embry.

Health

Peer to Peer TeleSAFE – SB950/HB1127 – PASSED
Authorizing peer-to-peer teleSAFE exams with a forensic nurse in one location and another nurse with the patient in another. This is an important effort to expand access to sexual assault forensic exams (SAFEs). Lead Sponsors: Senator Shelly Hettleman and Delegate Sandy Bartlett.

Ban on Commercial Self-Administered Sexual Assault Forensic Kit and Prohibition on Waiver Enforcement – HB1047/SB949 – PASSED
Banning commercial self-administered sexual assault forensic kits (sometimes referred to as DIY rape kits) and voiding waivers of a survivor right to sue or take other action against those providing sexual assault forensic exams or kits (whether self-administered or not). This is an important bill to prevent profiteering at the expense of sexual assault survivors. Senators Shelly Hettleman, Sarah Elfreth, Nancy King, and Bill Folden all deserve special appreciation for standing up for survivors on this issue in the Senate, and Vice Chair Sandy Bartlett and Chair Luke Clippinger were eloquent as they advocated for justice for survivors in the House. Lead sponsors: Senator Shelly Hettleman and Vice Chair Sandy Bartlett.

nPEP Standing Order – HB127/SB246 – PASSED
A bill to authorize pharmacists to dispense nPEP, medication to prevent HIV infection after exposure. MCASA appreciates the Department of Health’s willingness to include a requirement that the needs of sexual assault victims be specifically required in regulations for this new program. Lead sponsor: Department of Health.

Strangulation – Forensic Exams – HB482/SB398 – No votes
A bill to expand the availability of forensic exams to cases involving strangulation. Lead sponsors: Senator Bill Folden and Delegate Karen Simpson.

Notice to Parents regarding Counseling – HB65 - OPPOSED – No vote
A bill that would require that parents be notified if a child is receiving counseling. Current law allows minors to seek services and permits clinicians to inform parents in appropriate cases. Health General §20-104. Requiring notice to parents will discourage some students from reaching out when they need help, including in cases involving abuse by a parent, boundary violations, and unhealthy relationships. Lead sponsor: Delegate April Miller.

Gender Affirming Care – SB119/HB691 – PASSED
Expanding legal protections for patients and providers of gender affirming care. Transgendered people are at disproportionately high risk of sexual assault and MCASA strongly supports these protections. Lead sponsors: Senator Clarence Lam and Delegate David Moon.

Health Curricula – HB558 – Passed House, no vote in EEE
This bill would mandate age-appropriate discussion of a range of topics as part of school health curricula, including family life and human sexuality; gender identity and sexual orientation; safety and violence prevention; and safe and appropriate social media and internet use. Learning about these important topics can be a lifeline for students facing abuse or risk of abuse. Lead sponsor: Chair Vanessa Atterbeary.

Background Checks – Denial of Application for Firearms and Victim Notice – HB869/SB753 – No votes
Requiring that victim/survivors or their representatives receive notice when an applicant to purchase a firearm fails a background check. This is important to safety planning and does not affect the ability to purchase or possess a gun. Lead Sponsors: Senator Shelly Hettleman and Vice-Chair Sandy Bartlett.

Supporting Reproductive Health Care Clinics Act – SB975/HB1091 – PASSED
Funding to support security improvements at health care facilities providing abortion care. Abortion care is critical for survivors who become pregnant as a result of rape or reproductive coercion. Lead sponsors: Senator Sarah Elfreth and Delegate Joe Vogel.

Criminal Procedure

Privacy – Protecting the Identity of a Minor – SB111/HB458 – PASSED
Protecting identifying information about minors from being included in public records of criminal or juvenile proceedings. Lead sponsors: Delegate N. Scott Phillips and Senator Charles Sydnor.

Transfer to Juvenile Court After Adult Court Trial – HB445/SB601 – OPPPOSED – No votes.
This bill would provide for sentencing in juvenile court after a trial in adult court for some defendants who are also victims of sex crimes or trafficking. After a guilty verdict is the wrong time to address the needs of the survivor. A jury or judge should consider whether a defendant was a victim of a sex crime or trafficking at the hands of the alleged victim as a part of the determination of guilt and as part of the decision about where to try a case. Lead sponsors: Delegate Karen Simpson and Senator Bill Folden.

Hearsay Exception - Assault in the Second Degree – HB572/SB424 – No votes
Expanding a hearsay exception to when defendant in a second degree assault case has engaged in, directed, or conspired to commit wrongdoing (for instance, by making threats against another person). This is especially important in domestic violence cases. Lead sponsors: Delegate Liz Embry and Senator Mary-Dulany James.

Sex Offenders – Locations for Registration – HB854 (also SB929) – Passed House, no vote in Judicial Proceedings
Requiring larger jurisdictions to provide sex offenders with at least two locations to register. This would increase compliance and help communities know where sex offenders are living and working. There were two bills addressing this issue, but they were not crossfiles. Lead sponsors: Vice Chair Sandy Bartlett and Vice Chair Jim Rosapepe.

Task Force to Study Crime Classification – SB379 – PASSED
Establishing a task force to examine the relationships between crimes in Maryland’s code. MCASA thanks Senator Chris West for adding us to this important task force. Lead Sponsor: Senator Chris West.

Revenge Porn and Deep Fakes – Both Criminal & Civil

Revenge Porn and Deep Fakes – Criminal – HB145 – Undesirable Amendments Added – FAILED
This would have clarified that images used in revenge porn include computer generated images which are indistinguishable from analog images. Amendments by the House Criminal Law Subcommittee would have separated charges for deep fakes from charges for images of a person’s actual body and imposed a lesser punishment of 90 days for creation of deep fakes indistinguishable from analog images. While MCASA appreciates the effort to criminalize deep fakes, we believe this approach is unnecessarily confusing and dismissive of the harm caused by deep fakes. We are also concerned about potential harm to survivors who could be faced with requests to prove that an image is real by defendants charged with revenge porn and hoping to face the lower penalty proposed for deep fakes. Lead sponsor: Delegates Jesse Pippy.

Revenge Porn and Deep Fakes – Civil Remedies – SB858 – Did Not Pass
Creating additional civil remedies for nonconsensual manipulation of another person's image into a sexual picture or video. This bill stalled after undesirable amendments were added. Lead sponsor: Senator Katie Fry Hester

Revenge Porn and Deep Fakes – Criminal and Civil Remedies – HB1062 – Did Not Pass
Creating criminal and civil remedies for nonconsensual manipulation of another person's image into a sexual picture or video. This bill was caught in the trio of related bills and failed to pass. Lead sponsor: Delegate Lesley Lopez.

Funding, Services, and Administration

Rape Crisis Center Funding
MCASA supports full funding of rape crisis center services and monitors the budget process and individual funding bills. It is critical that we maintain support for the core services that sexual assault survivors need. Last session, $1 million in new general funding was allocated to MCASA to help support rape crisis centers and, as a result of support from Chair Ben Barnes and Chair Guy Guzzone, $1 million was allocated again for next fiscal year (our sister coalition, the Network Against Domestic Violence, also will receive $1 million). The General Assembly also corrected a budget mistake in formula funding that would have cut core services. Finally, GOCPP will be resuming its practice of providing monthly reimbursements for grants to non-profits, a vital practical support for rape crisis centers and other victim services providers.

BOE Filing – Exemption for 501(c)(3) – HB434 – PASSED
A bill to exempt 501(c)(3) organizations from a requirement to file statements regarding candidate contributions with the Board of Elections. This requirement was included in 2022 changes to reporting law. Non-profit 501(c)(3) organizations are prohibited by law from contributing to candidates and the reporting requirement created unnecessary administrative burden. Lead Sponsor: Chair Vanessa Atterbeary.

Services for Formerly Incarcerated Women - Commission and Pilot Program – Establishment – HB37 – Passed House, no vote in Judicial Proceedings
Over 85 percent of incarcerated women have experienced sexual violence in their lifetimes. If Maryland is serious about responding to sexual violence and helping survivors heal, it is critical that formerly incarcerated women have the support and services they need to successfully reenter our communities. This bill would help develop needed services. Lead sponsor: Vice Chair Sandy Bartlett.

Education & Juvenile Sex Offenders; also establishment of the Governor’s Office of Crime Prevention & Policy – HB814/SB744 – PASSED
While MCASA did not participate in the larger debate on juvenile justice reform, we did support provisions requiring that juvenile sex offenders be placed in alternative school settings in order to continue to receive an education and also protect other students. These provisions were included in the final juvenile justice bill. Additionally, this bill establishes the Governor’s Office of Crime Prevention & Policy in statute, helping to stabilize this important office and provide for additional regulation. Lead sponsors: Speaker Adrienne Jones & Chair Luke Clippinger and President Bill Ferguson.

Funding for Comprehensive Intimate Partner Violence Programs – SB439/HB656 – PASSED
Strengthening funding requirements for programs providing comprehensive services to survivors of intimate partner violence and establishing the federally recognized domestic violence coalition (the Maryland Network Against Domestic Violence) as the agency responsible for program certification. This is similar to law currently in place for rape crisis centers certified by MCASA. Lead Sponsors: Senator Sarah Elfreth and Delegate Julian Ivey.

CICB Reform – HB575/SB471 – PASSED
A bill to reform the Criminal Injuries Compensation system by reconstituting the Board, increasing access, and increasing funding. MCASA appreciates the inclusion of privacy protections for survivors that we requested and the Administration added to the bill. Lead Sponsor: Administration.

MEGA Council Extension – HB418/SB459 – PASSED
Extending the Maryland Efficient Grant Application Council, a group to improve grant administration in Maryland. Lead Sponsors: Delegate Dana Stein and Senator Cheryl Kagan.

Family Law & Protective Orders

Protective Orders: Fixing Permanent Orders, Expanding Access for Stalking – HB745/SB743 – Passed House, no vote in Judicial Proceedings
This bill has two components. First, it would amend provisions regarding permanent orders to significantly expand availability of orders to any case where the respondent had been convicted of an act of abuse against the person eligible for relief. Second, it would expand eligibility for protective orders to victims of stalking who had a sexual relationship more than one year ago (current law requires a sexual relationship within a year or family relationship) and to other stalking victims. This bill failed after arguments regarding whether the protective order or peace order statute should be expanded. Lead sponsors: Delegate Emily Shetty and Vice Chair Jeff Waldstreicher.

Custody Factors – SB327/HB848 – Passed House, no vote in Judicial Proceedings
A bill to codify factors used in child custody proceedings. MCASA supports this bill as child-centered and inclusive of safety concerns. Lead sponsors: Senator Chris West and Delegate Susan McComas.

Labor Trafficking and Children – SB550/HB508 – PASSED
Altering the definition of "abuse" to include labor trafficking of a child by any individual under law governing children in need of assistance cases and child abuse and neglect reporting, and expanding provisions of law relating to the Safe Harbor Regional Navigator Grant Program. Lead sponsors: Delegate Liz Embry and Senator Charles Sydnor.