Home Table of Contents

§ 1-201. Recording or broadcasting criminal proceedings prohibited

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 2. General Provisions (Refs & Annos)
MD Code, Criminal Procedure, § 1-201
§ 1-201. Recording or broadcasting criminal proceedings prohibited
Application to trials, hearings, motions, or arguments
(a)(1) Except as provided in subsection (b) of this section, a person may not record or broadcast any criminal matter, including a trial, hearing, motion, or argument, that is held in trial court or before a grand jury.
(2) This prohibition applies to the use of television, radio, and photographic or recording equipment.
Electronic or photographic equipment approved by court
(b) Subsection (a) of this section does not apply to the use of electronic or photographic equipment approved by the court:
(1) to take the testimony of a child victim under § 11-303 of this article; or
(2) to perpetuate a court record.
Contempt of court for violations of section
(c) A person who violates this section may be held in contempt of court.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 467B.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2001, c. 10):
This section is new language derived without substantive change from former Art. 27, § 467B.
In subsection (a) of this section, the introductory language of former Art. 27, § 467B, which was the standard introductory language to a definition provision, is deleted as unnecessary. The former definitions have been revised as parts of the substantive provisions.
Also in subsection (a) of this section, the former definitions of “extended coverage” and “proceedings” are revised as part of the substantive prohibition because the definitions were used only once in the former law. As a result, the terms “extended coverage” and “proceeding” are deleted as unnecessary.
In subsection (b) of this section, the former reference to “[i]nvestiture or ceremonial proceedings, in which the local administrative judge may regulate the presence and use of cameras, recorders, and broadcasting equipment” is deleted as unnecessary because the reference does not concern a criminal proceeding and thus is beyond the scope of this section. Accordingly, in subsection (a) of this section, the former definition of “local administrative law judge” to mean “the county administrative judge in the circuit court and the district administrative judge in the District Court” is deleted as unnecessary because it was used only in this provision in the former law.
In subsection (b)(1) of this section, the reference to taking “the testimony of a child victim under § 11-303 of this article” is added to reflect that closed circuit television may be used in the courtroom under certain circumstances to take the testimony of a child victim.
The scope of this section is limited to media coverage of criminal proceedings. Maryland Rule 16-109, however, allows recording or broadcasting of court proceedings in civil actions in the trial courts of the State and in appellate courts. See the Rules Order of May 4, 1984, for Maryland Rule 1209 (now Maryland Rule 16-109) making the experiment of extended media coverage permanent for civil actions in the trial courts.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
2001 Legislation
Acts 2001, c. 10, § 14, provides:
“SECTION 14. AND BE IT FURTHER ENACTED, That the creation in this Act of separate definitions for the terms ‘victim’ and ‘Victim's representative’ from broad definitions of ‘victim’ in the former law is intended for stylistic purposes only and does not narrow the meaning of the word ‘victim’ as used in Article 47 of the Constitution of Maryland.”
MD Code, Criminal Procedure, § 1-201, MD CRIM PROC § 1-201
Current through all legislation from the 2019 Regular Session of the General Assembly.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.