Monday, April 7, 2014

Coach loophole in MD law won't be closed unless Senate concurs with House bill #HB781 #SB460

Date: Mon, Apr 07, 2014
To: karen.montgomery@senate.state.md.us, anne.kaiser@house.state.md.us, eric.luedtke@house.state.md.us, craig.zucker@house.state.md.us, kathleen.dumais@house.state.md.us, arunamiller@gmail.com, brian.frosh@senate.state.md.us, susan.lee@house.state.md.us, jennie.forehand@senate.state.md.us, kumar.barve@house.state.md.us, jim.gilchrist@house.state.md.us, delegatesimmons@aol.com, richard.madaleno@senate.state.md.us, alfred.carr@house.state.md.us, ana.gutierrez@house.state.md.us, jeff.waldstreicher@house.state.md.us, roger.manno@senate.state.md.us, sam.arora@house.state.md.us, bonnie.cullison@house.state.md.us, benjamin.kramer@house.state.md.us, jamie.raskin@senate.state.md.us, sheila.hixson@house.state.md.us, brian.feldman@senate.state.md.us, david.fraser.hidalgo@house.state.md.us, bill.frick@house.state.md.us, ariana.kelly@house.state.md.us, tom.hucker@house.state.md.us, heather.mizeur@house.state.md.us, nancy.king@senate.state.md.us, charles.barkley@house.state.md.us, kirill.reznik@house.state.md.us, delegaterobinson@gmail.com

There have been hearings, votes and press coverage of the current loophole in Maryland law that permitted Montgomery County coach Scott Spear to escape prosecution for his relationship with a 16 year old.

http://www.washingtonpost.com/blogs/crime-scene/post/montgomery-teacher-scott-spear-resigns/2012/06/20/gJQA4bfUrV_blog.html

But, unless the Senate concurs with the House version of the bill today, the loophole won't be closed.  Coaches will still be able to escape prosecution for sexual relationships with 16 year olds.

If the Senate doesn't concur with the House version of this bill, Maryland law will continue to give persons in positions of authority a free pass to sexually exploit teenagers.

When this legislative session is over, could someone please identify the constituency in Maryland that has fought so long and so hard to keep this loophole in place? What Maryland parents are fighting to keep this loophole?

Clearly, they are the silent majority as there has not been any public comment in favor of keeping loopholes in this law, yet the loophole remains.

Parents' Coalition of Montgomery County, Maryland                  

8 comments:

  1. http://articles.baltimoresun.com/2001-05-25/news/0105250203_1_frederick-county-school-teacher-sexual-contact
    “. . . according to a 1997 opinion from the Maryland attorney general.”
    This legal decision serves as an authoritative rule in future similar or analogous cases.
    Reversing this precedence is tantamount to crossing a strike line.

    ReplyDelete
  2. Sen. Zirkin will be held responsible and his constituents will be aware of his actions in holding up this bill, make no mistake. We doubt whether they are aware of it right now, but elections are coming up and rest assured they will know before they vote.

    ReplyDelete
    Replies
    1. Looks like he is unopposed. http://www.elections.state.md.us/elections/2014/primary_candidates/gen_listings_2014_1_01511.html

      Delete
    2. http://www.youtube.com/watch?v=QxzXnFQZocQ&feature=player_embedded
      I believe he is referring to one of his constituents in this video.

      Delete
    3. Yes. That is what we have heard. It's all about 1 Senator and his 1 client from his other employment.

      Delete
  3. It's a legal loophole.
    http://www.oag.state.md.us/Opinions/1997/82OAG58.pdf

    ReplyDelete
    Replies
    1. But a child is with a coach as part of a program. Parents consent to their child in the program. That's what this bill could have fixed. However, as of right now it looks like coaches will still be free to have sexual contact with 16 year olds.

      Delete
    2. That's why they should not have criminal defense lawyers authoring bills, it creates conflict of interest.

      Delete

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