(a)(1) In this section the following words have the meanings indicated.
(2) “Representative” means a person who is designated by:
(i) the next of kin or guardian of a victim who is deceased or disabled; or
(ii) the court in a dispute over who will be the representative.
(3) “Victim” means a person who is the victim of a crime or delinquent act.
Application of section to criminal trials or juvenile delinquency hearings
(b) This section applies to:
(1) a criminal trial; and
(2) a juvenile delinquency adjudicatory hearing that is held in open court or that a victim or representative may attend under § 3-8A-13 of the Courts Article.
Right of victim or representative to be present at criminal trials or juvenile delinquency hearings
(c) Except as provided in subsections (d) and (e) of this section:
(1) a representative has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent; and
(2) after initially testifying, a victim has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent.
Sequestration of representative or victim from part of trial or hearing
(d) The court may sequester a representative or, after a victim has initially testified, the victim from any part of the trial or juvenile delinquency adjudicatory hearing on request of the defendant, child respondent, or the State only after the court determines, with specific findings of fact on the record, that:
(1) there is reason to believe that the victim will be recalled or the representative will be called to testify at the trial or juvenile delinquency adjudicatory hearing; and
(2) the presence of the victim or representative would influence the victim's or representative's future testimony in a manner that would materially affect a defendant's right to a fair trial or a child respondent's right to a fair hearing.
Removal of victim or representative from trial or hearing
(e) The court may remove a victim or representative from the trial or juvenile delinquency adjudicatory hearing for the same causes and in the same manner as the law provides for the exclusion or removal of a defendant or a child respondent.
Protection of employment for persons with right to attend proceedings
(f) As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.
Construction with § 3-8A-13 of the Courts Article or § 11-102 of this title
(g) This section does not limit a victim's or representative's right to attend a trial or juvenile delinquency adjudicatory hearing as provided in § 3-8A-13 of the Courts Article or § 11-102 of this title.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002.
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.
