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Health & Fitness

Legislative Update 2014 - Safe Silver Spring

By Woody Brosnan

SILVER SPRING – Marijuana legalization or decriminalization, limits on government surveillance, and more protections for victims of domestic abuse or rape are the major criminal justice issues facing the Maryland General Assembly in this session, Sen. Jamie Raskin (D-20) and Delegate Jeff Waldstreicher (D-18) said at a recent Safe Silver Spring forum.

Tony Hausner, chairman of Safe Silver Spring, opened the meeting by extending thoughts and prayers to Sgt. James Stirkens, whose wife and son died under tragic circumstances, and his family and fellow officers in the Silver Spring district.

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Last year Safe Silver Spring joined Marylanders to Prevent Gun Violence and many other organizations to support passage of the historic Firearm Safety Act, one of the most restrictive state gun laws in the country. Waldstreicher noted that it is possible this law kept Darion Aguilar from purchasing a more lethal rifle than the shotgun he used to kill two people at Columbia mall.

Raskin, a member of the Senate Judicial Proceedings Committee, and Waldstreicher, a member of the House Judiciary Committee, said their committees face a far different agenda this year:

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Marijuana

Raskin said the state can continue to keep putting people in jail and prison for small amounts of marijuana, decriminalize possession by imposing a civil fine for small amounts, or legalize, regulate and tax the sale of marijuana like Colorado.  He favors the latter course.

“The problem with decriminalization is that it leaves the drug dealers in business,” said Raskin.

Sara Love, policy director for ACLU of Maryland, said it costs taxpayers $106 million a year to enforce drug laws against a substance that is no more dangerous than alcohol.

Waldstreicher, who is co-sponsoring a decriminalization bill, indicated that either proposal could face opposition from the chairman of his committee, Joseph Vallario Jr. (D-PG County), who “wants to make a moral statement” about marijuana. He can be reached at:  joseph.vallario@house.state.md.us

Surveillance

Both lawmakers are working with the ACLU on package of bills to require a search warrant before state or local agencies can use drones or cell phones to track people, require a search warrant before they can tap emails, and restrict the amount of time that police can store data from the automatic license plate readers in patrol cars.

 Raskin acknowledged that license plate information can be useful in catching criminals. He said he is working with law enforcement officials on the right amount of time that data can be stored and how to restrict access. He pointed to a scandal in Minnesota where a state employee illegally viewed information on more than 5,000 citizens, most of them women.

See:

http://www.mainjustice.com/2013/08/07/minnesota-officials-at-fault-for-data-breach-plaintiffs-say/

Domestic Abuse, Rape Bills

Raskin said his committee had just passed a bill to change the standard for victims of abuse to obtain protective orders. Maryland is the only state that requires victims to show “clear and convincing” evidence of abuse instead of the more reasonable “preponderance of evidence.”

The focus now shifts to the House Judiciary Committee where Waldsteicher is hoping election-year pressures will finally force the committee to allow the bill on the floor. But he is worried about efforts to try to weaken the bill.

See:  http://www.washingtonpost.com/opinions/marylands-victims-of-domestic-abuse-deserve-greater-protection/2014/01/10/784ec65a-7892-11e3-b1c5-739e63e9c9a7_story.html

Besides Waldstreicher, who can be reached at jeff.waldstreicher@house.state.md.us, there are four other Montgomery County delegates who can be contacted about this important bill. They are

Kathleen Dumais (D-15), kathleen.dumais@house.state.md.us

Sam Arora (D-19), sam.arora@house.state.md.us

Luiz Simmons (D-17), luiz.simmons@house.state.md.us

Susan Lee (D-14), susan.lee@house.state.md.us

Raskin and Waldstreicher are also sponsoring legislation to allow rape victims who become pregnant to deny paternity rights. Waldstreicher said some members object that the bill does not require a criminal finding of rape but he said the standard is the same for civil protection orders. Besides, few rapes are reported  or convicted, he said.

“Annapolis needs a good feminist consciousness-raising on these issues,” said Raskin.

 “Silver Spring Neighborhoods” is a publication of the Presidents' Council of Silver Spring Civic Associations (PREZCO), a group of neighborhood Silver Spring civic groups that meet regularly to discuss community issues.

Silver Spring Neighborhoods” welcomes articles of interest from all members of the Silver Spring community.

For more information about PREZCO or "Silver Spring Neighborhoods," email silverspringblog@gmail.com

Disclaimer: The purpose of this blog is to inform Silver Spring residents about important events and issues affecting them.  Any views expressed represent those of the author(s) and not necessarily all representatives of the Presidents’ Council of Silver Spring Civic Associations.

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