§ 3-123. Notification of victim
West's Annotated Code of MarylandCriminal Procedure
MD Code, Criminal Procedure, § 3-123
§ 3-123. Notification of victim
(b) A State's Attorney shall notify a victim or victim's representative of all rights provided under this section.
(c)(1) A victim or victim's representative may request notification under this section by:
(d) If a victim or victim's representative has requested notification in the manner provided under subsection (c) of this section, the Health Department shall promptly notify the victim or the victim's representative in writing when:
(e)(1) A victim or victim's representative may submit, in writing or orally, to the State's Attorney and to the facility of the Health Department that has charge of a defendant:
(2) Except for a court hearing to determine if a person is incompetent to stand trial or not criminally responsible, a victim or victim's representative may submit a written or oral statement to the court or the Office conducting a hearing or review relating to a defendant under this title containing:
(f)(1) If a victim or victim's representative submits written or oral information under this section, the Health Department, court, or Office shall:
(2)(i) If a victim or a victim's representative has submitted a written factual statement under subsection (e)(2)(i) of this section to the Health Department, at least 30 days before a hearing or review under this title the Health Department shall notify the defendant or defendant's representative in writing of the intended use of the victim's or victim's representative's written factual statement and send to the defendant or the defendant's representative a copy of the written factual statement to be admitted.
(iv) Failure of the defendant to give the timely and proper notice under subparagraph (ii) of this paragraph is a waiver of the defendant's right to the presence and testimony of the victim or victim's representative and the written factual statement of the victim or victim's representative shall be admitted.
(g) Except as otherwise provided under this section, this section may not be construed to authorize the release to the victim or victim's representative of any medical, psychological, or psychiatric information on a defendant.
(h) The Health Department shall promptly notify the State's Attorney and a victim or a victim's representative who has requested notification regarding a defendant under this section if:
(i) An agent or employee of the Health Department who acts in compliance with this section shall have the immunity from liability described under § 5-522 of the Courts Article.
(j) Before a hearing under this article relating to a defendant, the victim or victim's representative shall be notified of the proceeding as provided under § 11-104 or § 11-503 of this article.
(k)(1) Except as provided in paragraph (2) of this subsection, a victim or victim's representative shall have the right to attend a hearing under this article relating to a defendant as provided under § 11-102 of this article.
(2) At the request of a defendant, the Office, in a release hearing or a violation hearing under this subtitle for an individual found not criminally responsible, may exclude a victim or victim's representative from the expert testimony regarding the defendant's medical, psychological, or psychiatric information if the Office finds the medical, psychological, or psychiatric information is:
(l)(1) This subsection applies only to a defendant as defined in subsection (a)(2)(ii) or (iii) of this section after the criminal charges against the defendant have been dismissed under § 3-107 or § 3-108 of this title.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 485, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2006, c. 353, § 1, eff. Oct. 1, 2006.
MD Code, Criminal Procedure, § 3-123, MD CRIM PROC § 3-123
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
|End of Document|