State legislators approved an enhancement to Jessica’s Law in the waning hours of the 2010 General Assembly. Now, any person convicted of second degree rape or molestation of a child under 13 years old will face a 15 years to life in prison without possibility of parole.
Late Monday evening the Senate rolled the measure into HB 936, Governor O’Malley’s bill, which alters registration requirements for the state’s sex offender registry.
The measure had been stalled because the House and Senate produced bills with different sentences. The House raised sentences from five years to 15 years to life and the Senate raised them to 20 years to life.
WBAL News reported that the breakthrough came with a letter of apology from Senator Nancy Jacobs (R-Harford County) to Senator Jim Brochin (D-Baltimore County) and Senate Judicial Proceedings Chair, Brian Frosh (D-Montgomery County). Jacobs had accused her two colleagues of “blocking a vote on a compromise bills in committee.” WBAL noted that Jacobs made the allegation on their airwaves.
The merits or demerits of Jacobs’ allegations aside, Frosh did hold up the bill in committee, and only last week asked his Montgomery County colleague Rich Madaleno to delay the bill through lay over.
Let’s be honest, given their staunch opposition to the original Jessica’s Law, neither Frosh nor House Judiciary Chair, Joe Vallario wanted this bill to see the light of day.
Frosh told WBAL “I think it’s a bumper sticker, not a bill…it’s second degree rape not first degree rape.” First degree rape carries a 25 years to life mandatory sentence. The difference between first and second degree child rape is a use of a weapon or an accomplice.
The legislature also approved HB 289, which eliminates diminution or good behavior credits for child sex offenders whose victims are under the age of 16.
Hours earlier however, passage of the Jessica’s Law enhancement was still very much in doubt.
Monday morning, Citizens for Jessica’s Law held a press conference at the State House with the family of Sarah Foxwell, the 11-year old Eastern Shore girl allegedly murdered by registered sex offender, Thomas Leggs. Sarah’s mother Jennifer Foxwell said “I really really pray that his goes through today.”
The strengthening Maryland’s child sex offender laws won't bring her daughter back, but it might just offer Jennifer Foxwell a small measure of assuagement from her grief and help prevent a similar tragedy.
To see all of my articles on the Jessica’s Law enhancement click here.
Comments