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). Priorities and Bills of Interest continue to develop as bills are introduced.
Rape Crisis Center Funding
Chief among MCASA’s responsibilities is to ensure that sexual assault survivors and the programs that serve them have critical resources. We are mindful of the budget issues the State of Maryland faces, however, the combined result of the funding cliff from the end of federal ARPA funds and the potential loss of the legislative allocation provided the past two years would result in a cut of $2.55million for sexual assault programs. This alone would be devastating. Programs are seeing an increase in demand. Workforce changes have drastically increased the cost of providing services. The proposed budget contains both cuts and increases for funding on things ranging from support for corporations to relatively new grant programs. MCASA was shocked and disappointed that the proposed budget would make permanent cuts to the Victim Services Stabilization Act, reducing funding for rape crisis centers and others who help victims of crime. Additionally, the proposed budget would raid the Rape Kit Testing Fund and reduce support for this important work. Changes at the federal level make this even more concerning. MCASA is working with legislators to reject these proposed cuts and urge Maryland to make better choices: support rape survivors and the programs helping survivors.
Stop Silencing Survivors – Litigation Abuse – HB629/SB549
Sexual assault continues to be one of the most under-reported and under-prosecuted crimes in America. In Maryland and across the country, abusers are using retaliatory lawsuits to silence those who speak out about sexual violence. Survivors are being subjected to expensive, retraumatizing, and drawn-out litigation and some are discouraged from ever speaking out. This bill would help balance access to justice by providing additional protection from litigation for survivors who disclose sexual assault in good faith, while preserving the right to sue for intentional or reckless disclosure of false information or malicious allegations of assault. Lead Sponsors: Senator Sara Love and Vice Chair Sandy Bartlett.
Health Curricula – HB161
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.
Interception of Communications – HB314
Allowing an exception to the prohibition against making an audio recording of another person without their consent. There have been cases where rape survivors have recorded the crime and the recording was both inadmissible and the survivor is exposed to felony charges for violating the wiretap law. The current law is a barrier to justice and deprives courts of crucial evidence. A number of different approaches are being considered to balance privacy concerns with the need to have access to important evidence. Lead sponsor: Delegate Robin Grammer.
Interception of Communications – Penalties – SB38/HB130, also HB706
Reducing the penalty for violating the “all party consent” to audio recording law from a felony to a misdemeanor. HB706 proposes the same change and also expands the statute of limitation and restitution. Lead sponsors: Delegate Karen Simpson and Senator Chris West; Delegate Robin Grammer.
Rape Kits - SAKI Funding – HB675/SB669
A bill to ensure the Sexual Assault Kit Initiative (SAKI) receives continued support until the Maryland rape kit backlog is cleared. This bill would amend the Rape Kit Testing Fund to fund existing investigative and victim notification ONLY if the state does not continue to receive federal funding. This will ensure that Maryland fulfills its promise to survivors to not only test the rape kit backlog, but also investigate cases, consider prosecution, and support survivors. Sponsors: Senator Shelly Hettleman and Vice Chair Sandy Bartlett.
Visual Surveillance with Prurient Intent – HB437/SB348
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. Delegate Charlotte Crutchfield and Senator Sara Love.
Cyberflashing – HB670
A bill to prevent non-consensual sharing of obscene materials. Lead sponsor: Delegate Lesley Lopez.
Revenge Porn and Deep Fakes – Criminal and Civil – SB360, HB663, HB803, HB1248
There are at least four bills addressing the issue of revenge porn and deep fakes. None are crossfiles of one another. Together these establish a civil remedy for victims of revenge porn and deep fakes, including damages, injunctive relief, and attorneys fees and also address deficiencies in the criminal law. Lead Sponsors: Delegate Lesley Lopez, Senator Katie Fry Hester, Delegate Jesse Pippy, Delegate Teresa Woorman.
Permanent Protection Orders – Consent – SB721/HB929
A bill to permit the Court to issue a permanent protective order when the respondent consents. Lead Sponsors: Senator Shaneka Henson and Delegate Karen Simpson.
Hearsay Exception - Assault in the Second Degree – HB281/SB146
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.
Marital Communications – HB241/SB142
Clarifying that “spouse” includes a former spouse for purposes of disclosure of confidential communications occurring during marriage; and establishing that a spouse, who is the alleged victim, is competent to disclose a confidential communication between spouses occurring during their marriage in a criminal action in which one spouse is charged with a crime against the other spouse. Lead sponsors: Delegate Karen Simpson and Senator Charles Sydnor.
Custody Decisions – SB548/HB1191
A bill to codify factors to be considered when making a decision regarding custody of a child, including protections for survivors of abuse. Lead sponsors: Senator Mary-Dulaney James and Delegate Susan McComas.
Presumption of Joint Custody – SB521 - OPPOSE
A bill changing the standard used in child custody cases from Best Interests of the Child and imposing a presumption of joint custody. This bill would endanger survivors of abuse – both adults and children. Lead Sponsor: Senator Nick Charles.
Child Support – Waiver by Agreement – SB660 - OPPOSE
A bill to permit the court to waive child support if the parents agree. This would allow abusers to manipulate victims and protective parents into waiving support and leave children without needed financial resources. Lead Sponsor: Senator Justin Ready.
Animals – SB152/HB89
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 – SB273/HB293
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: Senator Sara Love and Delegates Jesse Pippy & Karen Simpson.
Images of Child Sexual Abuse (Child Pornography) – Children Under 13 – HB364/SB545
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. Lead sponsor: Senator Mary- Dulaney James.
Images of Child Sexual Abuse (Child Pornography) – Language and Artificial Intelligence Software – HB5
A bill clarifying that images created by artificial intelligence are included in the definition of “computer generated image” in the child pornography law and changing references to “child pornography” to “Child Sexual Abuse Materials”. Lead sponsor: Chair CT Wilson.
Public Schools - Sexually Explicit Materials Prohibited in Libraries and Media Centers – OPPOSE – HB282
This bill is an unnecessary and overly broad restriction on books and other media and would deprive young people of support and information. Lead sponsor: Delegate Nino Mangione.
Human Trafficking Awareness, Training & Response (See Someone, Save Someone) -HB1/SB7
Requiring the Department of Transportation to develop and implement a training program for transportation–sector employees on the identification and reporting of suspected child exploitation and human trafficking victims. Lead sponsors: Delegate Eric Ebersole and Senator Michael Jackson.
Reimbursement of Indirect Costs on Grants – SB127/HB300
Requiring the State to be consistent with federal grants for purposes of reimbursing indirect costs under grant awards. This simplifies grant administration and permits more funds to be used for services instead of red tape. Lead sponsor: Senator Cheryl Kagan and Delegate Ken Kerr.
