§ 11-111. Hearing

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Part II. Right to HIV and Hepatitis C Testing (Refs & Annos)
MD Code, Criminal Procedure, § 11-111
§ 11-111. Hearing
Currentness
Right of victim or victim’s representative and person charged with prohibited exposure to be present
(a)(1) Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim's representative and the person charged with a prohibited exposure have the right to be present.
(2) The victim or victim's representative and the person charged with a prohibited exposure shall be notified of:
(i) the date, time, and location of the hearing; and
(ii) their right to be present at the hearing.
Affidavits, counter-affidavits, and medical records admitted into evidence
(b) During the hearing, a court may admit into evidence only affidavits, counter-affidavits, and medical records that:
(1) relate to the material facts of the case; and
(2) support or rebut a finding of probable cause to issue a court order.
Filing of written request of victim or victim’s representative
(c) The written request of the victim or victim's representative shall be filed by the State's Attorney with the court and sealed by the court.
Time of hearing and order granting or denying request
(d) Except for good cause, the court shall:
(1) hold the hearing within 30 days of the State's Attorney's presentment of the victim's written request to the court; and
(2) issue an order granting or denying the request within 3 days of the conclusion of the hearing.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2005, c. 252, § 1, eff. Oct. 1, 2005.
Formerly Art. 27, § 855.
MD Code, Criminal Procedure, § 11-111, MD CRIM PROC § 11-111
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