Kill them all.
We don't need no more stinking bills.
Heck, I'm at the point where I have no idea if I am breaking the law or obeying the law.

SB 420 Victims of Crime - Burglary and Crimes of Violence - Civil Immunity: The official synopsis “Providing that a person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business with the intent to commit specified crimes under specified circumstances; etc.”
This bill is designed to allow individuals to have immunity from civil lawsuits brought against them by someone who has broken into their home and are injured while illegally in the home. Currently there is protection from Criminal Liability if someone is injured by the homeowner during a break-in, but the criminal can still bring civil lawsuits against the homeowner. Senator Frosh is sitting on this bill not allowing the Senate to vote on it. The House voted unanimously to pass the bill but the Senate isn't even getting the chance. This is the 4th time that a version of this bill has been brought to the legislature and 3 of those the House has passed it unanimously while the senate never sees it. Senator Frosh is the Chairman of the Senate Judiciary Committee and it is his task to schedule bills for a vote in the Senate. He has taken that to mean he can effectively veto any bill by not scheduling it for a vote. A side note to this is that Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A. lists as their first area of practice as Major Personal Injury. They help people sue others for injury damage. Read again the purpose of the Immunity bill.

SB420, the Civil Immunity bill needs to get a vote in senator Frosh's judiciary committee. It has passed the House of delegates with a unanimous vote and so we know that every single lawyer in the House thinks this is a great civil protection for law abiding Marylanders who defend themselves in their own homes. We need this law to prevent lawsuits which have been occuring in other states that has resulted in injured burglars dragging out lawsuits for years costing the homeowner much time and money in the process. The civil immunity bill will not stop a burglar who you injured defending your family and home or their surviving family from filing a lawsuit, but it will stop the lawsuits from going any further, much less be dragged out for four years like what happened in a case in Wisconsin.

Brian Frosh has said that there is no need for this law because he knows of no burglar who has successfully sued someone who injured them in their home in MD, but he wants to hide from two very important details. The first detail is that "successfully sued" can be a case where the burglar got paid because they forced a settlment with the threat of dragging out the court case forever with the remote possibility of winning. The second is that Brian Frosh's dictatorial veto abuses of committee chairman powers is setting up Marylanders to be the test case to provide the example he asked for. If this law passes Marylanders will not have to worry about this happening to them in the future. In this day and age with people living from paycheck to paycheck just barely making the mortage payment will lose their house if suddenly they have to pay for a lawyer, deposition costs, days off of work to keep going to court and visits to the lawyer's office and deposition hearings because a burglar/rapist/attacker they lawfully hit with a baseball bat defending family or themselves decides to file a lawsuit while sitting in a jail cell after their arrest.

Senate Bill 420. The merits of the bill stand out on their own. The only people who have any reason to be against the bill are criminals and whose who represent them in court.

SB420.

This bill should be a slam dunk and the House of Delegates has acknowledged that 4 times with unanimous votes.

The majority of the Senate is in favor of it. The majority of Frosh's committee is in favor of it.

In other words, one man's personal ideology and possible professional conflict of interest has over ruled the entire general assembly.

Why does he favor the rights of criminals over the rights of citizens?

This one has not been stopped by a chairman, but folks might care to know . . . HB 1002 would require the utility companies to offer payment plans to anyone who faces a shut off because they've fallen behind on their bill. Right now, they only have to offer the alternative payment plans to people who get State energy assistance. This would help hard-working people who are hurting in this recession. It still has a chance, but time is short . . .

This is testimony that was submitted to the Senate JPR:

Testimony in Favor of SB420
Victims of Crime - Burglary and Crimes of Violence - Civil Immunity

Mr. Chairman and Ladies and Gentlemen of the Judicial Proceedings Committee:

SB420 – Victims of Crime – Burglary and Crimes of Violence – Civil Immunity, currently before your committee, is good legislation whose time has come for passage.

This bill, with 21 co-sponsors, demonstrates that the premise of a citizen’s right to be safe and secure within the confines of their home is of paramount interest to the Senate and, hence, the people of Maryland. The bill has also been cross-filed as HB332.

The lack of a homeowner’s protection from civil action after defending their family within their home is a glaring loophole in Maryland law and leaves those homeowners vulnerable to litigation that may indeed bankrupt them.

You will hear much rhetoric on this legislation, much of it based on emotion and misconceptions rather than facts and understanding of the law. For example:

1. “The police will protect us.”
As marvelous a job as our law enforcement community does in general, they haven’t the ability nor the legal obligation to provide protection to us as individuals. The Maryland Court of Appeals has said in Ashburn v. Anne Arundel County, 306 Md. 617 (1986) that police do not have a duty to protect citizens from the actions of other citizens.

2. “This is a make my day law that will lead to shootouts on the street.”
This is emotional, tabloid-style rhetoric. This bill only applies to civil immunity in specified circumstances within the home or place of business. This bill will not permit any greater latitude for self-defense than has currently been defined in Maryland case law such as Redcross v. State of Maryland, 121 Md. App. 320 (1998). In this case we read, “…the defendant had a duty, when defending himself outside of his home, to retreat or avoid danger if the means to do so were within his power and consistent with his safety.” (page 6).

3. “Kids will get shot for vandalism or trying to steal a TV.”
This is more sensationalism. Maryland law does not specify that citizens, or law enforcement for that matter, may use deadly force for the protection of property. There will be no change whatsoever in this matter with regards to SB420.

The real truth of the matter is that SB420 is common sense protection for homeowners who are already acting in accordance within the limited circumstances with which deadly force may be used for the protection of life. In Guerriero v. State. 213 Md. 545 (1957), the court held that it has always been a requirement of “perfect” self-defense in Maryland that the defendant’s belief of imminent death or serious bodily harm and the need to respond with the amount of force used “coincide with that which would have been entertained under the same circumstances by a person of average prudence.” (emphasis added).

Furthermore, in Faulkner, supra, 301 Md. at 500, 483 A.2d at 768-69, the court determined that, not only must the defendant subjectively believe that his actions were necessary “but objectively, that a reasonable man would so consider them.”

Thus, as you can plainly see, SB420 will create absolutely no change in the circumstances, procedures or limitations of how and when a homeowner may exercise measures of self-defense in Maryland. It merely provides protection to the homeowner in situations where the legal standard for self-defense is met. SB420 prevents the criminal from seeking retribution on the homeowner by the means of civil lawsuits.

As you may know, this bill has passed the House Judiciary Committee on three occasions:

2004 - HB1463 – Passed 140-0 in the House
2005 - HB646 – Passed 132-0 in the House
2008 – HB1060 – Passed 136-0 in the House

Unfortunately, the Senate Judicial Proceedings Committee has either failed to vote or even hold a hearing in each of those years. It is an unconscionable breech of the public trust that this bill has not been sent to the floor of the Senate for a vote. The people of Maryland deserve this common sense protection and we ask for a favorable report.

SB420. Read about Brian Frosh's actions at FroshWatch.com

HB1002 also looks like it has good intentions. I am all for helping hard working people who need some help.

SB420 This is common sense legislation that has been repeatedly stalled by a whacked out chairman who appears at times to have recently arrived from another planet. He's out of touch and out of his league.

SB 420
This is a bill that should be passed with no second thought needed. I cannot understand why any law abiding citizen would not be in favor of a bill that will protect them against criminals that encroach on their property.

HB 1048 is an important consumer protection bill. It will prevent two extreme and unfair practices used by banks and credit card compaines. The first is universal default; a credit card issuer can find the consumer in default of the agreement if they default on a different credit card even if they have not fallen behind on that card in particular. So essentially if you pay your bills on time for your Visa but miss a payment on your Mastercard, Visa can still find you in default and that rate is usually around 30%. The second practice that this bill prevents is any-time any-reason rate changes. On a credit card agreement there is a clause that says the issuer has the ability to literally change your credit card rate for any reason no matter what! This is retroactive so if you have $8000 in debt and your rate jumps from 15% to 30% the new rate will apply to your current debt and take years to pay off. This bill must pass this year because Maryland consumers need this protection now! It passed in the house 135-1 and is now in the Senate Finance committee. Please contact your Senators and make sure this important piece of legislation passes.

REAL ID-- Non-2 tiered system. The deadline is looming.

Tax Cut-- Oh wait, there is no tax cut bills.

420-- Folks have a right to an affirmative defense of their homes and business property.

Death Penalty-- Restoration of the old death penalty instead of the new version that permits Murder4Hire.

BGE Rate Re-Reg-- Something needs to pass to stop those energy clowns.

SB 420 Victims of Crime - Burglary and Crimes of Violence - Civil Immunity: The official synopsis “Providing that a person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business with the intent to commit specified crimes under specified circumstances; etc.”

Why hasn't this bill put up for a vote in the Senate yet? Didn't the House UNANIMOUSLY pass this?

NEEDED but not introduced is a voter initiated RECALL AMENDMENT to our State Constitution.

We need the right to RECALL any elected official for:
1 Violating their oath of office
2 Coming under indictment
3 Getting arrested for any felony
4 Just because we want to.

How about a bill to allow the American people to get rid of these "Representatives" who constantly put their own judgment over what the people in their areas WANT

outside of that, SB420 first

How ridiculous is it that a criminal can sue you if you injure or kill them in the act of defending your home and family. SB420, the Civil Immunity bill is the solution to this injustice. Senator Frosh, allow your Senate colleagues to vote on SB420. Stop ignoring the issue, it’s not going away!

HB 387 As Amended and Passed by the House, to preserve drivers' licenses for Immigrants. In my view, this is the only sensible, public policy on this issue that keeps Maryland's streets safe and all its drivers educated and insured. People are missing the point on this issue, it's not about giving rights to undocumented Immigrants, driving is not a right for any one. It's a privilege that we all have to earn by undergoing tests, drug and alcohol classes, and hours of practice. Removing the ability for an entire segment of the population to undergo this process is a social mistake and bad public policy.

The loss of the Maryland False Claims Act for the second time leaves Maryland's willful Medicaid cheaters free to continue to bilk taxpayers of the proper use of millions they pay for Medicaid while the state stuggles to afford including as many who need Medicaid as possible.
Maryland's laws regarding Medicaid cheating that are in existence do not meet federal requirements to permit the state to recover not only what it lost to the cheaters who make their fortunes by stealing from the taxpaying public, but to recover one fifth of the federal contribution as well.
The lost revenue is some $50,000,000 a year plus. The care lost by those who need Medicaid and can't yet get the coverage costs the state even more when people finally show up in hospitals. I guess that's why the hospitals oppose the fraud bill.