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§ 9-304. Court to prevent intimidation of victim or witness

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 3. Obstructing Justice
MD Code, Criminal Law, § 9-304
Formerly cited as MD CODE Art. 27, § 760
§ 9-304. Court to prevent intimidation of victim or witness
Currentness
In general
(a) A finding of good cause under this section may be based on any relevant evidence including credible hearsay.
Good cause
(b)(1) For good cause shown, a court with jurisdiction over a criminal matter or juvenile delinquency case may pass an order that is reasonably necessary to stop or prevent:
(i) the intimidation of a victim or witness; or
(ii) a violation of this subtitle.
(2) The order may:
(i) prohibit a person from violating this subtitle;
(ii) require an individual to maintain a certain physical distance from another person specified by the court;
(iii) prohibit a person from communicating with another individual specified by the court, except through an attorney or other individual specified by the court; and
(iv) impose other reasonable conditions to ensure the safety of a victim or witness.
(3) The court may hold a hearing to determine if an order should be issued under this subsection.
Enforcement
(c)(1) The court may use its contempt power to enforce an order issued under this section.
(2) The court may revoke the pretrial release of a defendant or child respondent to ensure the safety of a victim or witness or the integrity of the judicial process if the defendant or child respondent violates an order passed under this section.
Conditions of pretrial release
(d) A District Court commissioner or an intake officer, as defined in § 3-8A-01 of the Courts Article, may impose for good cause shown a condition described in subsection (b)(2) of this section as a condition of the pretrial release of a defendant or child respondent.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 763.
MD Code, Criminal Law, § 9-304, MD CRIM LAW § 9-304
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document