House Bill 76Maryland Legislative Session 2004

Jaime Demick

Purpose

• I want you to appreciate the legislative process from a personal point of view- and to know that ordinary people-like us- really can find a sponsor and be active participants in the legislative process.

• We learn about the American legislative system in school- but we often forget that it was designed by our founding fathers to be a tangible system that we take an active role in.

• It is our civic responsibility to take action when political or legal system has a flaw- we cannot wait for or expect it them to repair themselves.

Purpose, 2

• I am going to tell you about my personal experience in which I felt that I had found a flaw legal system- I was the victim of an act that I thought was criminal- only to find out that there was no law prohibiting it.

• I decided to become an active participant in the system- in effect I wanted to make a new law- so that if this type of thing happened again their would be legal recourse.

Victim hood• November 2000- February 2001• At least 5 victims• Janitor leered at me at work

– Stopped what he was doing to stare at me when I walked by

• Stalked me the at office – Knew whereabouts so that he could enter office

undetected• Started by urinating/masturbating in a cup in the

restroom, and then entered office and poured the fluid into beverage– Yes- I noticed my Coke tasted bad sometimes- but I

never thought it was that- I thought it was a bad lot of Coke, or high humidity, or something else

Victim hood, 2

• Getting bolder– He started urinating/masturbating in my office

directly into my drinks

• One day it was unmistakable – I took a big drink and gagged- the Coke can

smelled like body odor, and it tasted horrible. When I poured it out- it was thickened

• I knew something bad was happening-– But everyone else thought I was crazy

Victim hood, 3

• I told a few people, and they told me I was crazy– This type of thing could never happen

• I started locking my office all the time– My coworkers thought I was the behaving

strangely

• This angered the perpetrator– So he left me a sexually explicit note taped to

my office door

Victim hood, 4

• Now I had some evidence, so I called security– I told the detective about the drinks, and he

told me I was crazy. He said it was probably just liquor.

• I was scared– I was afraid the perp would follow me home

The Chase

• Another victim received a note the next day– Now security took it seriously. – Cameras were installed – Backgrounds check performed on the janitor who

leered at me (I had also seen him diligently writing a note the morning before I received mine)

– Janitor had a prior sex offense against his stepsister– Upon interview, he admitted his guilt– Plus he was caught on tape

Prosecution

• All victims who wanted to prosecute had to go through a series of interviews, and had to write statements that would be submitted to court

• We had to de-brief our bosses and higher officials of our companies and the government

• Met with Assistant US Attorneys (AUSAs)– There was no state or federal law applicable to this

type of act (since act occurred on federal property, either state or federal law may be used)

– Although he confessed and was on tape- he may be found guilty because there was not a law expressly forbidding this!

Prosecution, 2

• Charged perpetrator with Federal Simple Assault – Argued that he used his bodily fluid as an extension of

his body to come into contact with us (an assault charge requires contact to made between perp and victim)

– He plead not-guilty• Argued that it was just a prank, and he was not guilty of what

he was charged with (simple assault)

– He was found guilty by a female judge (waived his right to a trial by jury)

• Sentenced to 6 months jail time for each charge

Something Still Bothered Me

• Perp committed these acts for 4 months, and got 6 months in jail for it– Could have transmitted diseases to us– His intent to do sexual harm was evident by the notes– Seemed like a soft sentence to me

• I didn’t like being told that he could be found not-guilty or acquitted – A not-guilty verdict was very possible because there

was not an applicable charge in state or federal law code

Legislative Session 2003

• I called Delegates and Senators from my area and asked them to sponsor a bill for me – Senator Leo Green

• I researched Maryland criminal law code and drafted a bill

• Sen. Green submitted bill to Senate– causing someone to ingest bodily fluid against their

will is a sex offense • Senate Judicial Proceedings Committee

• A BILL ENTITLED• AN ACT concerning• Crimes - Sexual Offense in the Fourth Degree - Causing a Person to Ingest

Bodily Fluid

• FOR the purpose of expanding the crime of sexual offense in the fourth degree to• include prohibiting a person from intentionally causing another to ingest bodily• fluid without consent or by force or threat of force; defining a certain term; and• generally relating to certain sexual offenses.

• SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF• MARYLAND, That the Laws of Maryland read as follows:• Article - Criminal Law• 3-308.• (A) IN THIS SECTION, "BODILY FLUID" MEANS SEMINAL FLUID, BLOOD, URINE,

OR FECES.

• (B) A person may not [engage in]:• INTENTIONALLY CAUSE ANOTHER TO INGEST BODILY FLUID:• (I) WITHOUT CONSENT; OR• (II) BY FORCE OR THREAT OF FORCE.

• [(b)] (C) A person who violates this section is guilty of the misdemeanor of• sexual offense in the fourth degree and on conviction is subject to imprisonment not• exceeding 1 year or a fine not exceeding $1,000 or both.

SB 349, Legislative Session 2003

Lobbying

• Visited the offices of senators on the Judicial Proceedings Committee

• Made business cards outlining support of SB 349 and handed them out

• Obtained signatures on a petition to submit in support of the bill

• Printed form letters/envelopes and distributed for people to send to their senators

• Asked people to email their senators

Testimony Day

• SB 349 goes before Senate Judicial Proceedings Committee

• I testified about what happened to me in front of the committee

• Submitted my petitions and written testimony– There was also written support from the police

Legislative Session 2003

Bill Pre-filed by Sponsor

Senate

Vote Senate Committee

(Favorable/Unfavorable/

Amend)

First Reading Senate Committee

SB 349 died (was defeated) in the Senate Judicial Proceedings Committee

Lessons Learned

• I had not contacted any Lobbying Groups for their support– Or the State Police

• Sex Offense Code was too polarizing– Legislation involving gun control, sex offenses,

domestic violence, and victims’ rights takes years to push through because legislators do not want to choose a side

• I needed to start with the House of Delegates• I needed to market my legislation better

Summer Homework

• What other criminal code could I amend to include the idea that causing someone to ingest bodily fluids is a crime?

Legislative Session 2004

• Found a sponsor from House of Delegates– Del. Warren Miller

• Re-submitted 2003 bill– Removed from sex offense code & made it a

new criminal offense– Made it a felony

• Submitted another bill-– Amended criminal law code regarding

poisoning to include bodily fluids

Lobbying• Visited the offices of senators on the Judiciary

Committee• Made business cards outlining support of the bills and

handed them out• Obtained signatures on petitions to submit in support of

the bill• Printed form letters/envelopes and distributed for people

to send to their senators• Asked people to email their delegates• Asked for support from the State Police and from local

lobbyist groups• Marketing: made “Bodily Fluid” mugs and pens

– Distributed them to delegates on the Judiciary Committee– The mugs made a good point- and made my cause stick in the

delegates memory

Path of a Bill

Bill Pre-filed by Sponsor

House

First Reading w/House Amend.

Senate Committee (Favorable/Unfavorable/

Amend)

Third Reading w/House Amend.

House Floor(Fav. w/Amend/

Unfavorable)

Second Reading w/ House Amend.House Committee(Fav. w/Amend/

Unfavorable)

Vote House Committee

(Favorable/Unfavorable/

Amend)

First Reading House Committee

Second Reading w/ Senate Amend.Senate Committee

(Fav. w/Amend/Unfavorable)

Third Reading w/Senate Amend.

House Floor(Fav. w/Senate Amend/

Unfavorable)

Third Reading w/Senate Amend.

Senate Floor(Fav. w/Amend/

Unfavorable)

EnrolledTakes effect as

law later that year

KEY:Green: Bill continues processRed: Bill defeatedYellow: Bill debated further

Amendment Process

• The House initially combined the two bills into one, making a felony poisoning law

• The Senate re-amended this new bill (still called HB 76) back to it’s original language of creating a new criminal offense against causing someone to ingest bodily fluid- but made it a misdemeanor

• House approved these changes• HB 76 passed unanimously at all votes

Bill Signing

• Maryland State house, Annapolis, MD

• Governor signs legislation in a ceremony and a photo is taken– I got my picture taken with him, and he gave

me the pen he signed the legislation with

• Now HB 76 is a law in Maryland Criminal Law Code