Senate Judicial Proceedings Chairman Brian E. Frosh has filed legislation that would allow for state and local lawmakers to be prosecuted in state courts if they are charged with seeking or taking bribes related to their official duties.
Four Republicans and 10 Democrats have joined Frosh (D-Dist. 16) of Bethesda in sponsoring a bill that would amend the Maryland Constitution to state that legislative privilege or immunity from civil and criminal liability does not apply to “prosecution for demanding or receiving a bribe, fee, reward, or testimonial” to influence their action or inaction in office.
As a constitutional amendment, it would need approval by three-fifths of the House of Delegates and three-fifths of the Senate to move to the ballot in November, where a majority of votes is needed for it to become law.
Frosh, with the same 14 co-sponsors, also has filed a bill that similarly would change state law to make elected local government officials charged with bribery subject to prosecution in state courts.
Frosh called the measures “a cleanup.”
“It’s what every person in the state believed except for a handful on the Court of Appeals,” Frosh said, referring to a 5-2 decision the panel issued during the summer.
The ruling upheld lower court findings that immunity provisions protected state and local lawmakers from bribery prosecution in Maryland courts.
That is one reason the trial of Sen. Ulyssess Currie (D-Dist. 25) of District Heights on bribery charges took place in federal court, Frosh said.
In November, a jury found Currie not guilty.
mhyslop@gazette.net