The John H. Taylor Act
Senate Bill # 360
By: Senator Gladden
Introduced and read first time: January 30 2009
Assigned to: Judicial Proceedings |
Crimes-Elder Abuse-Increased Penalties and Restrictions on Pretrial Release
FOR the purpose of altering the penalties for the crime of causing abuse or neglect of a vulnerable adult in the first or second degree; prohibiting a District Court commissioner from authorizing the pretrial release of a defendant charged with causing abuse or neglect of a vulnerable adult in the first or second degree; providing that a judge may not authorize the pretrial release of the defendant on certain conditions; requiring the judge to order the continued detention of the defendant if neither suitable bail nor other conditions will reasonably ensure that the defendant will not flee or pose a danger to a certain person or the community before the trial; and generallly relating to elder abuse and increased penalties and restrictions on pretrial release.
On February 26, 2009, Jaki Taylor will go to Annapolis, MD to testify on behalf of new legislation named after her father, The John H. Taylor Act. Under this proposed legislation, she asked for the following legal changes to prevent abuse of the elderly and vulnerable adults.
Article-Criminal Law
(b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibily for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:
(i) results in the death of the vulnerable adult;
(ii) causes serious physical injury to the vulnerable adult; or
(iii) involves sexual abuse of the vulnerable adult.
(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:
(i) results in the death of the vulnerable adult;
(ii) causes serious physical injury to the vulnerable adult; or
(iii) involves sexual abuse of the vulnerable adult.
(c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding [10] 20 years or a fine not exceeding [$10,000] $20,000 or both.
3-605
(b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult.
(2) A household member or family member may not cause abuse or neglect of a vulnerable adult.
(c) A person who violates this section is guilty of the misdemeanor of abuse or neglect of a vulnerable adult in the second degree and on conviction is subject to imprisonment not exceeding [5] 10 years or a fine not exceeding [$5,000] $10,000 or both.
Article-Criminal Procedure
5-202
(F) (1) A DISTRICT COURT COMMISSIONER MAY NOT AUTHORIZE THE PRETRIAL RELEASE OF A DEFENDANT CHARGED WITH CAUSING ABUSE OR NEGLECT OF VULNERABLE ADULT IN THE FIRST DEGREE UNDER 3-604 OF THE CRIMINAL LAW ARTICLE OR IN THE SECOND DEGREE UNDER 3-605 OF THE CRIMINAL LAW ARTICLE.
(2) A JUDGE MAY AUTHORIZE THE PRETRIAL RELEASE OF A DEFENDANT DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION ON:
(I) SUITABLE CASH BAIL THAT EXCEEDS $5,000;
(II) RETENTION OF PASSPORT;
(III) ANY OTHER CONDITION THAT WILL REASONABLY ENSURE THAT THE DEFENDANT WILLNOT FLEE THE STATE OR THE COUNTRY OR POSE A DANGER TO ANOTHER PERSON OR THE COMMUNITY;OR
(IV) A COMBINATION OF BAIL, RETENTION OF PASSPORT, AND OTHER CONDITIONS DESCRIBED UNDER ITEMS (I), (II), (III), OF THIS PARAGRAPH.
(3) WHEN A DEFENDANT DESCRIBED INPARAGRAPH (1) OF THIS SUBSECTION IS PRESENTED TO THE COURT UNDER MARYLAND RULE 4-216 (F), THE JUDGE SHALL ORDER THE CONTINUED DETENTION OF THE DEFENDANT IF THE JUDGE DETERMINES THAT NEITHER SUITABLE CASH BAIL NOR ANY CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY ENSURE THAT THE DEFENDANT WILL NOT FLEE THE STATE OR THE COUNTRY OR POSE A DANGER TO ANOTHER PERSON OR THE COMMUNITY BEFORE THE TRIAL.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2009.
Why this legislation is needed-At the bail review for Anastacia Oluoch which was held on May 22, 2007, the Judge did not see her as a flight risk. The fact that Anastacia was not seen as a flight risk is more than disturbing, and the fact that she was allowed to freely leave the country without consequence is completely unacceptable and reprehensible. In this case, my father was not only abused by his caregiver, but abused by the very judicial system that is in place to protect him and to punish criminals like Anastacia Oluoch. Under The John H. Taylor Act, Anastacia Oluoch would have been held without bail until her trial.
With respect to the elderly in the State of Maryland and the millions around the country, and as my father's representative, I respectfully request your support for Senate Bill # 360, The John H. Taylor Act. The John H. Taylor Act is a bill designed to discourage abusive behavior and to better protect our citizens. Together we can help make the difference that is needed to keep our elderly citizens safe and protected.
Elder Abuse Awareness Month and Stamp also proposed-In addition to the John H. Taylor Act, Jaki Taylor has sent correspondence to her Congressman asking him to support an Elder Abuse Awareness Month. She aslo contacted the U. S. Postal Service Advisory Committee, asking them to consider an Elder Abuse Awareness Stamp. This is a process that takes at least three years. If you support this idea, Jaki would encourage you to let your voice be heard and to please send correspondence to the Citizens' Stamp Advisory Committee, U. S. Postal Service, 475 L' Enfant Plaza, SW, Room 4474EB, Washington, DC 20260-2437. Click here to learn more: www.govspot.com/ask/suggestastamp.htm)
Lets do our part to bring awareness to this widespread problem and demand safe care for our loved ones.
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