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§ 11-703. Determination of sexually violent predator status

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 7. Sex Offender Registration (Refs & Annos)
Effective: October 1, 2023
MD Code, Criminal Procedure, § 11-703
§ 11-703. Determination of sexually violent predator status
Currentness
Request by State’s Attorney for sexually violent predator determination
(a)(1) Subject to subsections (b) and (c) of this section, if a person is convicted of a sexually violent offense, the State's Attorney before sentencing may ask the court to determine whether the person is a sexually violent predator.
(2) If the State's Attorney makes a request under paragraph (1) of this subsection, the court shall determine, before or at sentencing, whether the person is a sexually violent predator.
Factors in determination
(b) In making a determination under subsection (a) of this section, the court shall consider:
(1) evidence that the court considers appropriate to the determination of whether the person is a sexually violent predator, including the presentencing investigation and sexually violent offender's incarcerated individual record;
(2) evidence introduced by the person convicted; and
(3) at the request of the State's Attorney, evidence that a victim of the sexually violent offense presents.
Notice of intent to make request
(c) The State's Attorney may not ask a court to determine whether a person is a sexually violent predator under this section unless the State's Attorney serves written notice of intent to make the request on the defendant or the defendant's counsel at least 30 days before trial.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 194, § 1, eff. Sept. 30, 2002; Acts 2010, c. 174, § 1, eff. Oct. 1, 2010; Acts 2010, c. 175, § 1, eff. Oct. 1, 2010; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 27, § 792.
MD Code, Criminal Procedure, § 11-703, MD CRIM PROC § 11-703
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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