Update: Rape Survivor Family Protection Act

Apr 13th, 2016

You may have heard by now that the Rape Survivor Family Protection Act never made it to a vote on sine die, the last day of the legislative session.  We fought hard to the bitter end and had strong support from many legislators.  In the Maryland General Assembly, however, the chairman of a committee has immense power and Senate Judicial Proceedings Chairman Bobby Zirkin used his power to delay, support a poison pill, and ultimately kill the bill.  The Daily Record talks more about this in its blog published the last day of session: http://thedailyrecord.com/2016/04/11/zirkin-reverses-course-on-amendment-placing-at-risk-ending-parental-rights-bill/ For the first time, this bill was passed out of the House Judiciary Committee and went on to pass the full House unanimously.  The Senate Judicial Proceedings Committee, however, stripped off protections for survivors and children, and added additional provisions to benefit assailants.  Far more detrimentally, Senator Jim Brochin’s failed evidence bill (SB235) was also attached to the bill.  While MCASA fully supports SB235 and has worked on similar bills for over a decade, attaching a dead bill to HB646/SB593 was a poison pill that killed them both and harms victims in the process.  We are grateful to Senator Brian Feldman for standing ready to offer floor amendments that would have removed the “poison pill” and restored the protections for survivors.  In the end, Chairman Zirkin told his colleagues he would send the bill back to committee if any amendments were made and then “special ordered” the bill on the Senate floor so it could not be debated or voted on. During the course of the very long day, another lobbyist came up to me and explained that she was Catholic and would never have an abortion, including if she became pregnant through rape.  She told me about how the current law would "just completely trap me".  She asked about which senator to speak with and helped with our efforts.  I am grateful for her help, but also for the reminder about one of the reasons why we must keep fighting. Under the leadership of the bill’s sponsors, Delegate Kathleen Dumais and Senator Jamie Raskin, and with the help of the Women Legislators of Maryland, the Governor's Office of Crime Control & Prevention, the Women's Law Center, the Catholic Conference, Baltimore Jewish Council, NARAL, social workers, adoption attorneys, family law attorneys, women's commissions, MLAW, community members, the media, and others, this bill moved further than it ever has.  It is disappointing that the Rape Survivor Family Protection Act did not pass this year, but we cannot let this discourage us and will not abandon efforts to help rape victims who become pregnant as a result of rape. While some bills did not make it through the legislature, many other MCASA priorities did pass and we continue to make progress.  One of MCASA's most important responsibilities is to advocate in Annapolis to support sexual assault survivors and hold offenders accountable, and we are privileged to do this work.  A final legislative report will be out later today. Thank you for all of your support for MCASA and for continuing to fight for sexual assault survivors.  Your calls, emails, and advocacy make a difference. Best, Lisae Lisae C. Jordan, Esq. Executive Director & Counsel Maryland Coalition Against Sexual Assault  

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