Delaware General Assembly Pre-Game Show Plus RANT: Tues., May 11, 2010

Not that it’s hard to do, but today I will demonstrate the sheer cravenness of politicians, especially, but not exclusively, legislators.

J. L. Miller wrote an excellent article in yesterday’s News-Journal about the ‘one size fits all’ Scarlet Letter of the online sex offender registry, especially as it applies to minors. I have  previously written about this senseless lumping of non-dangerous individuals with sexual predators as well.

Well, Rep. Melanie George has introduced a bill to do something about it–HB 182, which would “provide the Family Court with discretion to determine whether it is appropriate to designate juvenile offenders who are under age fourteen on the date of the offense or who were over age fourteen on the day of the offense but did not commit one of the offenses enumerated in §§ 771-78 of Title 11 (for which registration is required pursuant to the federal Adam Walsh Act) as sex offenders, thus subjecting them to the registration and reporting requirements under Delaware law. This bill also makes clear that a person who receives an expungement of a sex offense conviction can be removed from the sex offender registry. Finally, this bill confers discretion upon the Family Court to determine whether consent occurred in certain offenses committed by offenders who were less than fourteen years old on the date of the offense.”

In other words, instead of imposing a lifetime mark on someone who represents no demonstrated danger to the public, this bill would give judges discretion to expunge records if they determine that the public safety is not at risk. In other words, judges doing what judges do.

It was the Delaware General Assembly,  with the urging of then-AG Jane Brady, who passed our current draconian law. It was bad law then, and it is bad law now. However, our current AG, Beaudhisattva Biden breathes fire-and-brimstone in the article on behalf of the current law:

“Juvenile sex offenders do re-offend,” and that’s why they belong on the registry, Biden said.

“The public needs to know. The public has a right to know,” he said. “No one’s been able to provide us any [examples of] so-called miscarriages of justice.”

Of course the public needs to know and has a right to know when someone represents a threat to the community. And, yes, some juvenile sex offenders reoffend. But, for example, does the public need to know that two 13-year-olds playing ‘Doctor’ got caught and now bear the Scarlet Letter for the rest of their lives even though there is nothing in their subsequent behavior to indicate that they’re a threat? Not in my book. And, contrary to Biden’s representation, the percentage of reoffenders offered in the article is statistically very low. BTW, Mr. AG, Miller’s article provides examples of what you dismissively refer to as ‘so-called miscarriages of justice’. Biden either believes this BS, or he’s just trying to show how tough he is as he runs for reelection. Either way, we’re glimpsing something about Biden that is not, IMHO, flattering.

We wouldn’t have this predicament had the General Assembly not decided to substitute its own judgment for the judgment of the judges. Sex offender laws can easily be (mis)represented as ‘being tough on crime’, just the sort of thing that the ‘Honorables’ love to have on their campaign literature. The problem is that, once ill-conceived legislation like this gets enacted into law, it’s virtually impossible to get it reconsidered since it would then be easy to demagogue legislators as ‘soft on crime’.

Which is why, as Rep. George has stated:

“I can’t even get it out of committee.”

The cravenness of legislators is best demonstrated by this quote from someone not likely to win a Profiles in Courage Award:

Rep. Tom Kovach, R-Brandywine Hundred, voiced the political difficulties facing legislators who might otherwise consider backing George’s bill.

“How do we protect the public legitimately,” Kovach asked during the joint judiciary committee meeting, “and how can legislators explain to the public that they aren’t being soft on sex offenders?”

HB 182 certainly appears to protect the public legitimately, unless judges approved by the General Assembly are deemed by the same General Assembly to be unqualified to do their jobs. Rep. Kovach, here’s what you do: (a) Stop passing BS legislation just to make it appear that you’re ‘tough on crime’. And (b) grow a pair, or leave your office to someone who is willing to do what’s right, not what’s merely politically expedient.

Deep cleansing breath.

Deep cleansing breath.

Deep cleansing breath.

On to today’s (anti-climactic) Pre-Game Show. For those who didn’t follow last Thursday’s legislative proceedings, here is the Session Activity Report.

By far the most notable bill is the universal recycling legislation that was delayed in the House b/c Crybaby Cathcart has decreed that ‘attention must be paid’.  Nothing specific, mind you, just that his Caucus’ feelings have been hurt. As if that influenced Wayne Smith when the Rethugs were in charge for 24 consecutive years. We shall see whether lobbyist Dave Swayze has any more tricks up his custom-made sleeves. As always, the essential Tommywonk demonstrates the emptiness behind the opponents’ lies on this legislation, including faux-analysis by that ‘nonpartisan’ think tank, CRI.

Another key piece of legislation is Rep. Darryl Scott’s HS 1/HB 229. This would prohibit the use of electronic communication devices while operating a motor vehicle on the highways of the State of Delaware unless the person engages in the use of hands-free equipment. It’s good to see Rep. Joe Miro on this bill as a prime co-sponsor, as the Pike Creek area Republican has pushed for this bill for several years. No doubt the Verizon lobbyists will be out in force. I think it passes the House handily, with the Senate still a question mark. BTW, I’ve been pleasantly surprised by Rep. Scott’s freshman term. I had initially thought that, like Dennis E. Williams, he merely was running in the right place at the right time. Unlike Williams, who has been practically invisible, he has proven to be an involved and very effective legislator. Mea Culpa.

Here’s the entire House Agenda.

The Senate Agenda strikes me as less interesting as it’s comprised primarily of leftovers from last Thursday’s agenda. I see the highlight as Sen. Bushweller’s Delaware Prescription Monitoring Act, which I’ve previously discussed.

Tomorrow should be interesting as I expect legislative committees to consider some pretty strange bills. Which is right up my alley. Join me tomorrow for more news, opinion and rants.