Agenda Item 9A
September 29, 2015
Introduction
MEMORANDUM
September 25,2015
TO:
FROM:
SUBJECT:
County Council
Robert H. Drwnmer, Senior Legislative
Attomey~
Introduction:
Bill 39-15, Offenses - Purchase of Prostitution - Prohibited
Bill 39-15, Offenses - Purchase of Prostitution - Prohibited, sponsored by Lead Sponsors
Councilmembers Hucker and Rice, is scheduled to be introduced on September 29,2015. A public
hearing is tentatively scheduled for October 20 at 1:30 p.m.
Background
Bill 39-15 would make purchasing prostitution a violation ofCounty law. Although selling
or buying prostitution would violate the current State Criminal Law prohibiting solicitation of
prostitution, Bill 38-15 would add an alternative e:p.forcement mechanism for the police to combat
human trafficking in the County. A person is often forced to work as a prostitute by human
traffickers at a young age. The Bill would authorize a police officer to issue either a civil or
criminal citation to the customer for purchasing prostitution in the County. A civil citation would
be prosecuted by the County Attorney's Office and could result in a maximum fine of $500 for a
first violation and $750 for subsequent violations. A criminal citation would be prosecuted by the
State's Attorney and could result in both a fine up to $1000 and up to six months injail. The Bill
would be enforceable only against the customer.
This packet contains:
Bill 39-15
Legislative Request Report
Circle
#
1
3
F:\LAw\BILLS\1539 Offenses - Purchase Of Prostitution\Intro Memo.Docx
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Bill No.
39-15
Concerning: Offenses - Purchase of
Prostitution - Prohibited
Revised: 9-24-15
Draft No.
~
Introduced:
September 29, 2015
Expires:
March 29, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
...!N~o!!..!n~e
_
_ _ _ _ = - - - _
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Hucker and Rice
AN
ACT
to:
(1)
(2)
(3)
prohibit the purchase ofprostitution;
establish enforcement procedures and penalties; and
generally amend County law relating to offenses.
By adding
Montgomery County Code
Chapter 32, Offenses - Purchase of Prostitution
Section 32-23A
Boldface
Underlining
[Single boldface brackets]
Double underlining
Heading or defined term.
Added
to
existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
The County Council for Montgomery County, Maryland approves the following Act.'
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BILL
No. 39-15
1
Sec 1. Sections 32-23A is added as follows:
32-23A. Purchase of prostitution.
.ill)
2
3
4
5
6
7
Definitions.
In this Section, the following terms have the meanings indicated:
Prostitution
means the performance of !! sexual act, sexual contact, or
vaginal intercourse for hire.
Purchase
means to offer or agree to
return for!! service.
Sexual act
has the meaning stated
in
Md. Criminal Law Art. §3-301, as
amended.
Sexual contact
has the meaning stated in Md. Criminal Law
Art.
§3­
301, as amended.
Vaginal intercourse
has the meaning stated
in
Md. Criminal Law
Art.
§3-301, as amended.
p!!y
money to another person in
8
9
10
11
12
13
14
15
16
(hl
Prohibition. A
person must not purchase prostitution in the County.
Enforcement; penalties.
ill
17
18
19
20
21
ill
A police officer may issue !! civil citation or
£!
criminal citation
to !! person whom the officer reasonably believes has violated
this Section.
ill
Approved:
A violation of this Section is!! Class A violation.
22
George Leventhal, President, County Council
23
Date
Approved:
24
Isiah Leggett, County Executive
Date
Q
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LEGISLATIVE REQUEST REPORT
Bil139-15
Offenses
-
Purchasing Prostitution
-
Established
DESCRIPTION:
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Bill 39-15 would prohibit purchasing prostitution. The Bill would also
establish enforcement procedures and penalties.
Police need alternative enforcement mechanisms to eliminate human
trafficking in the County.
Eliminate human trafficking in the County.
Montgomery County Police.
To be requested.
To be requested.
To be requested.
To be researched.
Robert
H.
Drummer, Senior Legislative Attorney
To be researched.
Class A Violation.
F:\LAw\BILLS\I 539 Offenses - Purchase OfProstitution\LEGISLATlVE REQUEST REPORT.Docx