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§ 11-403. Right of victim or victim's representative to address court during sentencing or ...

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2014

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 4. Sentencing Procedures (Refs & Annos)
Effective: October 1, 2014
MD Code, Criminal Procedure, § 11-403
§ 11-403. Right of victim or victim's representative to address court during sentencing or disposition hearing
Currentness
Sentencing or disposition hearing defined
(a) In this section, “sentencing or disposition hearing” means a hearing at which the imposition of a sentence, disposition in a juvenile court proceeding, or alteration of a sentence or disposition in a juvenile court proceeding is considered.
Court allowance of victim or victim’s representative to address court
(b) In the sentencing or disposition hearing the court, if practicable, shall allow the victim or the victim's representative to address the court under oath before the imposition of sentence or other disposition:
(1) at the request of the prosecuting attorney;
(2) at the request of the victim or the victim's representative; or
(3) if the victim has filed a notification request form under § 11-104 of this title.
Cross examination of victim or victim’s representative
(c)(1) If the victim or the victim's representative is allowed to address the court, the defendant or child respondent may cross-examine the victim or the victim's representative.
(2) The cross-examination is limited to the factual statements made to the court.
Right of victim or victim’s representative not to address the court
(d)(1) A victim or the victim's representative has the right not to address the court at the sentencing or disposition hearing.
(2) A person may not attempt to coerce a victim or the victim's representative to address the court at the sentencing or disposition hearing.
Failure of victim or victim’s representative to appear at hearing or disposition in court
(e)(1) If the victim or the victim's representative fails to appear at a hearing on a motion for a revision, modification, or reduction of a sentence or disposition in circuit court or juvenile court, the prosecuting attorney shall state on the record that proceeding without the appearance of the victim or the victim's representative is justified because:
(i) the victim or victim's representative was contacted by the prosecuting attorney and waived the right to attend the hearing;
(ii) efforts were made to contact the victim or the victim's representative and, to the best knowledge and belief of the prosecuting attorney, the victim or victim's representative cannot be located; or
(iii) the victim or victim's representative has not filed a notification request form under § 11-104 of this title.
(2) If the court is not satisfied by the statement that proceeding without the appearance of the victim or the victim's representative is justified, or, if no statement is made, the court may postpone the hearing.
Appeals
(f) A victim or victim's representative who has been denied a right provided under this section may file an application for leave to appeal in the manner provided under § 11-103 of this title.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2009, c. 573, § 1, eff. Oct. 1, 2009; Acts 2014, c. 151, § 1, eff. Oct. 1, 2014.
Formerly Art. 27, § 780.
MD Code, Criminal Procedure, § 11-403, MD CRIM PROC § 11-403
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.
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