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2010 Legislative Priorities

 

HOUSE BILL 138

Bill is in the House - First Reading Judiciary

File Code: Criminal Law - Procedure

Sponsored By:

Delegates Vallario, Waldstreicher, Anderson, Barnes, Carter, Conaway, Dumais, Dwyer, Frank, Jennings, Kelly, Kramer, Lee, Levi, McComas, McConkey, Ramirez, Rosenberg, Schuler, Simmons, Smigiel, and Valderrama

Entitled:

Criminal Injuries Compensation Board - Right to Hearing


Synopsis:

Providing that a claim filed with the Criminal Injuries Compensation Board is subject to the applicable provisions of the Administrative Procedure Act; and providing that if a claimant requests a hearing after the Board has issued proposed findings of fact, conclusions of law, or orders, the Board shall hold a hearing before the Board issues final findings of fact, conclusions of law, or orders.

 

MCVRC has finalized its legislative agenda for 2010 and is proposing or supporting legislation that would address the following four key issues affecting crime victims.  Please contact MCVRC if you have any questions or would like to support any of the below items.


1.  Right to a Hearing in Compensation Cases- HB 1297– Overturn recent regulations that would eliminate a victim’s right to a hearing in Criminal Injuries Compensation Board cases that have been denied.  Most of the cases MCVRC has won involve the failure of the Compensation Board to provide a hearing. 


2. Training Regarding Treatment of Victims of All Types of Crimes–SB820, HB 779-Expands initial training requirements for entry level and in-service requirements for law enforcement from just rape and sexual assault victims to victims of all crimes. 


3.  Assistance to Child Victims – Implements recently passed ABA recommendations to have counsel assist child victims in criminal cases when a court finds that children’s interests are not adequately protected.


4.  Increased Surcharge for Court Costs to Fund Maryland Legal Service Corporation – SB248,HB 106-This proposal would increase the current court cost surcharge that is provided to MLSC.  MCVRC received a 25 % decrease in funding, and hopefully the passage of this legislation would restore and/or increase MCVRC’s funding to allow for adequate provision of victim services. 

 

 

2009 Legislative Priorities

 

http://mlis.state.md.us/2009rs/billfile/HB1189.htm

http://mlis.state.md.us/2009rs/billfile/HB1278.htm

 

Priority Bills

HB 638 Status as of February 10, 2009: Bill is in the House - First Reading Judiciary

Violent Crimes - Conditional Release Under Mandatory Supervision - Limitation

House: Judiciary (Hearing: March 10, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/hb/hb0638f.pdf

HB 938 Status as of February 12, 2009: Bill is in the House - First Reading Judiciary

Correctional Services - Inmate Earnings - Compensation for Victims of Crime

House: Judiciary (Hearing: March 17, 2009, 1:00 p.m.)

SB 618 Status as of February 11, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Criminal Procedure - Violation of Crime Victim Rights - Sentencing

Senate: Judicial Proceedings (Hearing: February 18, 2009, 12:30 p.m)

http://mlis.state.md.us/2009rs/bills/sb/sb0618f.pdf

SB 619 Status as of February 11, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Criminal Procedure - Criminal Injuries Compensation Board - Delegation of Contested Claims to Office of Administrative Hearings

Senate: Judicial Proceedings (Hearing: March 17, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/sb/sb0619f.pdf

SB 654 Status as of February 11, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Violent Crimes - Conditional Release Under Mandatory Supervision - Limitation

Senate: Judicial Proceedings (Hearing: March 10, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/sb/sb0654f.pdf

SB 655 Status as of February 11, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Correctional Services - Inmate Earnings - Compensation for Victims of Crime

Senate: Judicial Proceedings (Hearing: March 17, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/sb/sb0655f.pdf

Bills related to priority bill (SB 618)

HB 561 Status as of February 10, 2009: Bill is in the House - First Reading Judiciary

Crimes of Violence - Voided Revised Sentences

House: Judiciary (Hearing: March 10, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/hb/hb0561f.pdf

SB 620 Status as of February 11, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Crimes of Violence - Voided Revised Sentences

Senate: Judicial Proceedings (Hearing: March 17, 2009, 1:00 p.m.)

http://mlis.state.md.us/2009rs/bills/sb/sb0620f.pdf

 

 

SB 618 Status as of February 6, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Criminal Procedure - Violation of Crime Victim Rights - Sentencing

Senate: Judicial Proceedings

http://mlis.state.md.us/2009rs/bills/sb/sb0618f.pdf

Bill would establish a procedure to provide a remedy when victim’s rights are violated to provide a remedy where denied in the 2008 Hoile v. State case from the Maryland Court of Appeals.

(See also related bills - SENATE BILL 620 & HOUSE BILL 561 )

SB 619 Status as of February 6, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Criminal Procedure - Criminal Injuries Compensation Board - Delegation of Contested Claims to Office of Administrative Hearings

Senate: Judicial Proceedings

http://mlis.state.md.us/2009rs/bills/sb/sb0619f.pdf

Bill would continue the preliminary determination by the Criminal Injuries Compensation Commission to determine claims, but if victim disagreed with determination would send contested case to Office of Administrative Hearings. (As CICB adopts Workers Compensation benefits, in analogous Workers Compensation Commission cases, claimants who contest factual determinations for contested cases to Circuit Court for determination.)

SB 654 Status as of February 6, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Violent Crimes - Conditional Release Under Mandatory Supervision - Limitation

Senate: Judicial Proceedings

HB 638 Status as of February 6, 2009: Bill is in the House - First Reading Judiciary

Violent Crimes - Conditional Release Under Mandatory Supervision - Limitation

House: Judiciary

Bill would not allow an inmate to be released on mandatory release until earliest parole release eligibility release date.

SB 655 Status as of February 6, 2009: Bill is in the Senate - First Reading Judicial Proceedings

Correctional Services - Inmate Earnings - Compensation for Victims of Crime

Senate: Judicial Proceedings

Bill would require an inmate to pay restitution of the inmate participates in the Private Sector/Prison Industry Enhancement Program where the inmate earns at least minimum wage to pay restitution and directs a study to determine how to increase the collection of restitution.

 

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