NDAA News Clips -- March 4, 2010
Today’s Clip Headlines
· Supreme Court Does More Wrangling With Gun Laws
· Md. Police Seek Tougher Laws To Combat Human Trafficking
· Md. General Assembly Owes Victims Of Domestic Violence Better Protection
· Ariz. High Court To Review Case On DUI Blood Test
· Bill To Criminalize Presence Of Illegal Immigrants In Arizona
· Releases Of Sexually Violent Predators Anger Local Areas
· State Prison Cuts Could Backfire, Report Says
· Child-Support Cases Tie Up Courts
· Georgia Ranks 15th In Domestic Violence
· Judge Testifies In Class-Action Suit From Unrepresented Indigent Defendants
· DHS: Child Abuse Cases Up In Iowa
· Law Holding Parents Responsible For Children’s Actions Faces Challenge
· Daley Rips Supreme Court On Handgun Ban Stance
· Lawmakers Rail On State’s Juvenile Prison System
· Movie Rental Kiosks Hit With Legal Threats
· House Approves ‘Sexting’ Bill
· Supreme Court Weighs State, Local Gun Control
· Md. Prosecutors, Police Urge Tightening Of Anti-Gang Laws
· Bill Broadening Gun Seizure Law Gets Panel’s OK
· Is Proposal To Allow More Michigan Prisoners Early Release Worth The Savings?
· Judge’s Move To Jail Juror Is Criticized By State Court
· Minn. Panel Takes Up Gov.’S Sex Offender Proposal
· The Light Of Day: SBI Crime-Lab Practice Of Relying On First Tests Comes Under Fire From Accreditation Agency
· Tougher Human Trafficking Law Introduced
· Lawmaker: Bill Mostly A Symbolic Gesture About State Rights—Firearms Freedom Act Passes
Clip Synopses and Links
The Washington Post
Supreme Court Does More Wrangling With Gun Laws
The same members of the Supreme Court who ruled two years ago that the Second Amendment provides an individual right to own a firearm seemed ready Tuesday to ensure that state and local gun-control laws do not interfere with it. But a majority also indicated that the states may have “broader interests” in restricting gun ownership than the federal government.
Chief Justice John G. Roberts Jr. seemed to say that ruling that the Second Amendment is “incorporated” to apply to state and local governments in establishing a fundamental right to gun ownership would be just the first step in eventually deciding myriad issues relating to gun control.
Deciding that the Second Amendment applies “doesn’t say anything by itself about whether those types of regulations, which you think are reasonable and your friends think may not be reasonable, are valid or not,” Roberts told the attorney for two Chicago area jurisdictions whose laws are at issue.
http://www.washingtonpost.com/wp-dyn/content/article/2010/03/02/AR2010030203746.html
The Washington Post
Md. Police Seek Tougher Laws To Combat Human Trafficking
The rap artist, the Afghan immigrant in the import-export business and the Internet company owner are all pimps, Montgomery County police say, and they called a news conference yesterday to highlight their actions and ask for tougher laws in Maryland to combat human trafficking.
“This really does exist. It really is happening,” said Sgt. Ken Penrod, a vice detective.
He and other Montgomery County police officials discussed the cases yesterday as part of an effort to draw attention to the issue. Penrod testified recently in Annapolis to support bills that would make prosecution of such cases easier and allow police to seize properly of those involved in the trade.
http://www.washingtonpost.com/wp-dyn/content/article/2010/03/02/AR2010030203945.html
The Washington Post
Md. General Assembly Owes Victims Of Domestic Violence Better Protection
MARYLAND once again has the chance to do what every other state in the country does in affording protections to victims of domestic abuse. A proposal that would relax the rigid standards for obtaining protective orders is being debated in the General Assembly. Unfortunately, its prospects are not good. We hope, though, that lawmakers wake up to the reality that their refusal to put in place common-sense safeguards endangers lives and makes Maryland a national disgrace.
The House and Senate are considering bills that would change the standard of proof needed to grant a final protective order. The bills, H.B. 700 by Del. C. Sue Hecht (D-Frederick) and S.B. 823 by Sen. Jennie M. Forehand (D-Montgomery), would replace the current standard of “clear and convincing evidence” to a “preponderance of the evidence.” Maryland is the only state that uses this higher standard when victims -- and generally they are women -- seek orders to protect themselves from their alleged abusers. In all other civil matters, Maryland courts require only a preponderance of evidence.
http://www.washingtonpost.com/wp-dyn/content/article/2010/03/03/AR2010030303476.html
Arizona Daily Sun
Ariz. High Court To Review Case On DUI Blood Test
The Arizona Supreme Court will consider whether authorities must obtain a search warrant to conduct a blood test of a DUI suspect without getting clear consent to have blood drawn.
The Supreme Court on Tuesday agreed to review a Court of Appeals ruling that it wasn’t enough under state law that a man apparently didn’t object when officers moved to take a blood sample while in a police DUI van.
http://azdailysun.com/news/state-and-regional/article_bf35d71e-dea9-551c-b8d2-bc94eb787afe.html
The Arizona Republic
Bill To Criminalize Presence Of Illegal Immigrants In Arizona
Over the past several years, immigration hard-liners at the Arizona Legislature persuaded their colleagues to criminalize the presence of illegal border-crossers in the state and ban soft immigration policies in police agencies — only to be thwarted by vetoes from a Democratic governor.
This year, their prospects have improved. A proposal to draw local police deeper into the fight against illegal immigration has momentum, and even opponents expect the new Republican governor to sign off on the changes.
http://www.azcentral.com/news/articles/2010/03/02/20100302bill-to-criminalize-illegal-immigrants.html
USA Today
Releases Of Sexually Violent Predators Anger Local Areas
The clean, new mobile home looks out of place in this remote stretch of desert. The nearest buildings are a vacant, boarded-up shack and a dusty, empty storefront.
It is here in this tiny unincorporated town of 300 between Los Angeles and Phoenix that the state of California is paying about $2,000 a month in rent, utilities, food and water for a sexually violent predator to live, according to Nancy Kincaid, assistant director of the California Department of Mental Health.
Steven Willett, 57, has a criminal record that includes four felony convictions for sex crimes: rape and two instances of attempted rape involving adult women, and lewd and lascivious acts with a 13-year-old girl.
After Willett’s last prison stint ended in 1997, he was declared a sexually violent predator by a judge and committed to a state mental health hospital under California’s Sexually Violent Predator Law, which allows for civil commitment for sex offenders found to pose extreme danger to society after their release from prison.
His relocation last September to housing in this remote area — after both a doctor and then a judge in 2007 determined Willett would not be a danger to others while under supervision and treatment in the community — has generated anger in the community and is an example of the issues states face as they pass or refine laws regarding released sex offenders and where they can live.
http://www.usatoday.com/news/nation/2010-03-03-predator-housing_N.htm
San Francisco Chronicle
State Prison Cuts Could Backfire, Report Says
Recent cuts to California prison programs could result in more former inmates returning to prison and an increase in prison crowding, according to a draft state report.
The report from the California Rehabilitation Oversight Board, charged with overseeing rehabilitation programs, appears to contradict contentions by state prison officials who have said the budget cuts would not affect recidivism rates and will make prison programs more effective.
The report warns that the $250 million cut from inmate programs this year “may well mean that the hoped for reduction in recidivism will not be achieved any time soon,” and that without those reductions “it seems likely that California will be unable to get control of the inmate population crisis.”
The draft report will be presented to the governor and Legislature on March 15.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/04/BAFA1CA8V0.DTL
The Miami Herald
Child-Support Cases Tie Up Courts
Parents seeking child support payments or looking for payment options are facing long delays because of increasingly clogged courtrooms.
Cash-strapped parents seeking child support have clogged the state’s family court system, forcing hearing officers to work overtime and judges to play case managers.
Parents attempting to establish child support now must wait up to six months for a hearing in some counties, and parents seeking reduced court-ordered payments because of wage cuts or unemployment are waiting up to three months, nearly double the waiting time in years past.
Court officials said they can’t confront the growing demand without more employees, but there is little hope for new funding as Florida’s leaders prepare to bridge a $3 billion budget deficit.
``We just have to make do with what we’ve got,’’ said Lisa Goodner, state courts administrator. ``That’s not optimal, but that’s the same situation that all of state government finds itself in.’’
Child support modification cases -- mostly parents seeking to pay less -- have leaped 50 percent statewide since 2006.
http://www.miamiherald.com/2010/03/03/1509258/child-support-cases-tie-up-courts.html
The Atlanta Journal-Constitution
Georgia Ranks 15th In Domestic Violence
Georgia households are not as dangerous for women as they used to be, but the state still ranks poorly when it comes to domestic violence.
A new report ranks Georgia 15th in the nation for killings of women by men in single-victim homicides, most of them murders connected with domestic violence.
The sixth annual report conducted by the Violence Policy Center with help from two prominent Georgia advocacy groups said conditions had improved from three years ago, when the state was ranked seventh for such homicides.
Still, the state’s domestic violence organizations responded to over 72,000 incidents last year. In the last seven years, 835 Georgians died because of domestic violence, according to the Georgia Commission on Family Violence, one of the groups involved in the report.
http://www.ajc.com/news/georgia-ranks-15th-in-345253.html
The Atlanta Journal-Constitution
Judge Testifies In Class-Action Suit From Unrepresented Indigent Defendants
Instead of sitting on the bench Wednesday, where he has presided as judge for 15 years, John Bailey Jr. sat a few feet away -- below on the witness stand.
Bailey, chief judge of the Northern Judicial Circuit, recounted how the court system here almost collapsed two years ago when lawyers began abandoning their indigent clients because they weren’t being paid.
At taxpayer expense, defendants sat in jail for prolonged periods because there was no one to represent them at bond hearings, Bailey testified. Some defendants appeared without counsel at their criminal arraignments. The District Attorney’s Office struggled to bring cases to trial because there was no one to defend the accused, the judge said.
Bailey, who grew up down the street from the towering Elbert County courthouse, was the first witness in a hearing to determine whether a class-action lawsuit on behalf of unrepresented indigent defendants in this five-county rural circuit in northeast Georgia can go forward. The lawsuit also seeks a court order to ensure that indigent defendants will have legal representation.
The suit, filed in April 2009, is one of a number of lawsuits slapped on the struggling state public defender system. The suits contend that funding issues plaguing the agency are disintegrating its ability to provide adequate representation.
http://www.ajc.com/news/georgia-politics-elections/judge-testifies-in-class-345189.html
Quad-City Times
DHS: Child Abuse Cases Up In Iowa
Iowa child abuse cases were up in 2009, reversing a two-year decline, according to figures released Wednesday by the Iowa Department of Human Services.
Officials reported an 11 percent increase in both the investigations of abuse and the findings of abuse or neglect. They cited the down economy as a likely contributing factor to the rise in cases.
Heightened awareness of child abuse and high-profile cases also can mean more cases.
“There’s definitely more stress on families because of the economy, and so we think that has some impact, and this probably is the only logical thing right now to point to,” DHS director Charles Krogmeier said.
Officials say domestic violence and substance abuse remain the main risk factors for children.
http://www.qctimes.com/news/local/article_dd52c0b0-273d-11df-b95d-001cc4c002e0.html
Sioux City Journal
Law Holding Parents Responsible For Children’s Actions Faces Challenge
A Davenport city ordinance that holds parents responsible when their children are arrested or cited for crimes came under scrutiny by Iowa’s highest court Tuesday.
The Iowa Supreme Court heard arguments in the case of Anne Hensler, a Davenport mother who was cited under the law when her son was accused of drug possession and a curfew violation.
Hensler took the city to court to challenge the ordinance, arguing she had the right to parent free from undue intrusion by the state. A Scott County judge ruled in her favor, but the city appealed to the supreme court.
Under the ordinance, parents of minor children arrested or cited for crimes are sent a warning letter on the first offense. Parents are required to complete parenting classes on the second offense and could face a fine of up to $750 on the third offense.
Davenport City Attorney Tom Warner said the ordinance brought down juvenile crime in the city, before the court ruling last year put the enforcement of it on hold.
He said the law serves as a strong nudge for parents to get help, and he is optimistic the state’s highest court will uphold it. Warner was unaware of other similar laws in Iowa.
http://www.siouxcityjournal.com/news/state-and-regional/iowa/article_c8ba5d86-2637-11df-8073-001cc4c03286.html
Chicago Sun-Times
Daley Rips Supreme Court On Handgun Ban Stance
During oral arguments this week, U.S. Supreme Court justices signaled their intention to overturn Chicago’s strictest-in-the-nation handgun ban.
Still, Mayor Daley isn’t giving an inch. In fact, he’s ridiculing the high court for affirming the Second Amendment right to bear arms while sitting in a protective bubble.
“Why can’t I go to the Supreme Court and sit there with a gun and listen to the arguments? If a gun is so important to us on the street or someone’s home, why can’t I go to the Supreme Court and sit there with a gun? I’m not gonna shoot anyone. But, I have a right to that gun,” Daley said, his voice dripping with sarcasm.
“Why can’t I go see my congressman who doesn’t believe in gun laws? Why can’t I carry my gun into congressmen’s offices or go to his home and knock on his door and say, ‘Don’t be worried. I have a gun. You want me to have a gun.’ Why is it they want to be protected by all the federal money ... to protect all the federal bureaucrats, but when it comes to us in the city” there’s no protection?
In a 2008 decision that Daley called “frightening,” the U.S. Supreme Court overturned Washington D.C.’s handgun ban on grounds that the Second Amendment establishes the right to own a handgun for personal self-defense.
At issue now is whether the Second Amendment applies to states as well as the federal government.
http://www.suntimes.com/news/cityhall/2082064,us-handgun-chicago-ban-030310.article
Southern Illinoisan
Lawmakers Rail On State’s Juvenile Prison System
Illinois’ system for handling young criminals came under searing criticism Tuesday by lawmakers, who said the agency has been mismanaged since it was formed in 2006.
In a review of an audit covering the Illinois Department of Juvenile Justice’s first two years of existence, members of a legislative panel raised questions about the cost of treating youthful offenders, as well as the agency’s apparent failure to hire guards despite having the money to do so.
“This isn’t normal,” said state Sen. Chris Lauzen, R- Aurora, pointing to the nearly $200,000 per year cost to incarcerate each of the 19 minors at a juvenile prison north of Alton. “This is bizarre spending of money.”
Agency chief Kurt Friedenauer blamed the problems on a system imposed under former Gov. Rod Blagojevich that forced the department to share many of its administrative duties with the Illinois Department of Corrections, which formerly managed the state’s juvenile prisons.
http://thesouthern.com/news/local/govt-and-politics/article_4e861f64-2632-11df-8a2d-001cc4c03286.html
The Indianapolis Star
Movie Rental Kiosks Hit With Legal Threats
Video stores say children can rent mature films at kiosk competitors
A Southern Indiana prosecutor has threatened criminal charges unless stores with DVD rental kiosks remove R-rated movies and other material considered harmful to children.
The rollout of hundreds of automated Redbox-style kiosks to grocery stores, McDonald’s restaurants, Walmarts and other retailers in Indiana has met resistance in some communities over the perception that they provide children younger than 17 with easier access to adult-rated movies.
Letters sent to retailers in recent weeks by the office of Vanderburgh County Prosecutor Stanley Levco may amount to the largest crackdown yet in Indiana.
It’s driven, at least in part, by the kiosks’ old-school competitors -- the brick-and-mortar video stores that say they provide safeguards by requiring customers renting R-rated DVDs to show ID.
Kiosks, they say, aren’t playing by the same rules, though Redbox officials say their kiosks require customers to affirm their age and are on firm legal ground.
http://www.indystar.com/article/20100303/ENTERTAINMENT/3030336/1001/ARCHIVE/Movie-rental-kiosks-hit-with-legal-threats
The Courier-Journal (Louisville)
House Approves ‘Sexting’ Bill
The House Wednesday gave unanimous approval to a bill that would ban teen “sexting” — sending sexually explicit photos through cell phones.
“I do not believe teenagers who are ‘sexting’ are aware of the severity of what they are doing,’’ said Rep. Martha Jane King, D-Lewisburg, the sponsor of House Bill 143.
The bill makes the first offense a violation. Youths under 18 who possess or send sexually explicit images by cell phone or through the Internet could be cited, fined up to $100 and directed to perform community service.
Subsequent offenses would be misdemeanor offenses, and youths could be prosecuted in juvenile court.
King said she believes the change in law is necessary to keep up with changing technology and prevent children from being prosecuted for a more serious offense, such as possession of child pornography.
http://www.courier-journal.com/article/20100303/NEWS01/3030409/1008/NEWS01/House+approves+’sexting++bill
The Capital (Annapolis)
Supreme Court Weighs State, Local Gun Control
The Supreme Court heard arguments Tuesday in a landmark gun control case that could have significant national implications for gun rights and regulation.
In McDonald v. Chicago, the court will determine whether Chicago’s handgun ban violates the Constitution. In doing so, it will also decide the issue of whether a strictly protected right to bear arms applies across the board, or if state and local jurisdictions can make their own decisions about gun regulation.
Maryland is one of only six states without a provision similar to the Second Amendment in its state constitution. Last November, a Maryland appeals court ruled that the Second Amendment does not apply to the state, but the Supreme Court appears poised to overturn that decision.
Glenn Ivey, the state’s attorney for Prince George’s County, contributed to an amicus brief filed in the case by the Association of Prosecuting Attorneys.
Ivey said it’s difficult to predict what impact the case will have on Maryland until the court rules, but it could open the door to all sorts of challenges to existing gun-control laws in the state.
http://www.hometownannapolis.com/news/gov/2010/03/03-02/Supreme-Court-weighs-state-local-gun-control.html
The Baltimore Sun
Md. Prosecutors, Police Urge Tightening Of Anti-Gang Laws
2-year-old statute too vague to work, Jessamy says
Prosecutors and police officers from across the state pleaded with legislators Tuesday for tougher anti-gang laws, saying they want to define who is a “gang member” and broaden the number of crimes that trigger longer prison sentences.
Law enforcement groups told the House Judiciary Committtee that the Maryland Gang Prevention Act, enacted two years ago to stiffen penalties for gang members, isn’t working because it fails to define “gang member,” doesn’t include enough gang-related crimes and carries no mandatory prison time. While it was used as leverage in one guilty plea in Prince George’s County, no one has been successfully prosecuted under the act.
“The statute is very hard to use because of its ambiguous language,” said Baltimore State’s Attorney Patricia C. Jessamy, who is leading the push for tougher anti-gang laws. “We find ourselves defending the law more than using it.”
http://www.baltimoresun.com/news/maryland/legislature/bal-md.gangs03mar03,0,5465096.story
Bangor Daily News
Bill Broadening Gun Seizure Law Gets Panel’s OK
Members of the Legislature’s Criminal Justice Committee have voted to allow a bill to be considered this session that would require police to seize all guns in the possession of a person charged with a domestic violence offense.
Rep. Anne Haskell, D-Portland, co-chairwoman of the committee, said the bill is based on language from a working group created by law last year to examines issues concerning domestic violence and firearms. The unnamed working group was ordered to report back to the Criminal Justice Committee this session. “The committee felt this issue is one of critical importance,” Haskell said. “Domestic violence and guns are a bad mix.”
http://www.bangordailynews.com/detail/138219.html
MLive.com
Is Proposal To Allow More Michigan Prisoners Early Release Worth The Savings?
Police, prosecutors and many lawmakers are opposing legislation to reinstate “good time” credits for inmates, which would cut prison stays and costs. They contend the proposal would put dangerous felons on the street.
Others say the cash-strapped state -- which nearly doubled its prison population the past two decades before declining recently -- can’t afford the Midwest’s highest incarceration rate.
http://www.mlive.com/news/grand-rapids/index.ssf/2010/03/is_proposal_to_allow_more_mich.html
Detroit Free Press
Judge’s Move To Jail Juror Is Criticized By State Court
Mom had to weigh day care, civic duty
When she was late the second day of jury selection because her mother was undergoing oral surgery, a backup nanny fell through and her husband was already at work, she called Oakland County Circuit Court. Told the judge would arrest her if she didn’t show up, she arrived at court late along with her 8-month-old and 3-year-old.
Circuit Judge Leo Bowman found her in contempt, ordered her to sit as a spectator for the expected two-week-long murder trial and sentenced her to 24 hours in the county jail, to be served after the trial.
Bowman’s actions came under fire from the State Court Administrative Office, an arm of the Michigan Supreme Court.
Deborah Green, an official with the State Court Administrative Office, faxed a letter to Bowman on Friday, noting he had no authority to hold jurors and demanding that he stop doing so, or she would seek sanctions against him.
http://www.freep.com/article/20100303/NEWS03/3030330/1318/Judges-move-to-jail-juror-is-criticized-by-state-court
Minneapolis Star Tribune
Minn. Panel Takes Up Gov.’S Sex Offender Proposal
Minnesota lawmakers are taking up Gov. Tim Pawlenty’s proposal to double prison time for sex offenders.
A House public safety committee considers the bill Thursday.
Pawlenty’s plan would set the recommended prison sentence for those convicted of first-degree sex crimes at 25 years. Current law sets the recommended sentence at a minimum of 12 years.
First-degree sex offenses are those that involve force, the threat of physical harm, dangerous weapons, underage victims or mentally impaired victims.
http://www.startribune.com/politics/state/86324587.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUl
The Winston-Salem Journal
The Light Of Day: SBI Crime-Lab Practice Of Relying On First Tests Comes Under Fire From Accreditation Agency
The accreditation group that certifies North Carolina’s top law-enforcement agency says that the agency’s crime-lab reports should have made it more obvious when tests of evidence produced conflicting results, appearing to contradict the agency’s position that the language used in such reports was scientifically acceptable.
“We have always expected that reports would be clear and revealing of anything that should be revealed,” Ralph Keaton, the executive director of the accreditation group, said yesterday.
The director of the State Bureau of Investigation, Robin Pendergraft, has said that agents in the 1990s were told to use certain language in the lab reports submitted to courts, and she defended its use at the time. She reiterated her stance yesterday.
“Back in the ‘90s, they complied -- as I understand it, and I don’t know, I haven’t gone and researched it -- with the statutory requirements,” she said. “The language was acceptable in the scientific community, as has been explained to me.”
http://www2.journalnow.com/content/2010/mar/03/the-light-of-day-sbi-crime-lab-practice-of-relying/news-ncpolitics/
Columbus Dispatch
Tougher Human Trafficking Law Introduced
Ohio’s admittedly weak human trafficking law could be supplanted by a tougher one that would make a violation a second-degree felony.
Sens.Teresa Fedor, D-Toledo, and Tim Grendell, R-Chesterland, along with 24 other co-sponsors, today introduced Senate Bill 235. If passed by both houses and signed into law, the measure would make human trafficking of people for sexual servitude a second-degree felony, punishable by up to eight years in prison and a $15,000 fine. Ohio and six other states do not have felony-level trafficking laws.
The existing state law, which took affect last year, makes human trafficking an add-on specification. That means trafficking can only be added on top of other charges - not separately. State officials were unaware the new law had been used even once in the past year.
http://blog.dispatch.com/dailybriefing/2010/03/tougher_human_trafficking_law.shtml
Casper Star-Tribune
Lawmaker: Bill Mostly A Symbolic Gesture About State Rights
Firearms Freedom Act Passes
Legislation asserting that firearms made, sold and kept only in Wyoming are exempt from all federal gun laws is set to become law after it easily cleared the Wyoming Legislature on Wednesday.
But although supporters say the bill is mainly a symbolic shove against the federal government, it remains to be seen whether the fight will carry over to the courts or even to Wyoming streets.
The Wyoming Firearms Freedom Act passed the state Senate without objection on Wednesday. Gov. Dave Freudenthal has indicated that he’ll sign the bill into law; two other states, Tennessee and Montana, have previously enacted similar laws.
Wyoming’s Firearms Freedom Act, though, is harsher than those laws, as it states that any state or federal official who tries to enforce any federal gun law on a firearms made and sold in Wyoming could face a $2,000 fine and up to a year in prison.
http://www.trib.com/news/state-and-regional/govt-and-politics/article_2d74efd6-fe23-5a64-80a7-5fe72f5f1d5d.html
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