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§ 11-103. Denial of victim's rights; Appeals

West's Annotated Code of MarylandCriminal ProcedureEffective: December 14, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Part I. Definitions; Rights Available Throughout Proceedings
Effective: December 14, 2022
MD Code, Criminal Procedure, § 11-103
§ 11-103. Denial of victim's rights; Appeals
Currentness
Crime defined
(a)(1) In this section, “crime” means:
(i) a crime;
(ii) a delinquent act that would be a crime if committed by an adult; or
(iii) except as provided in paragraph (2) of this subsection, a crime or delinquent act involving, causing, or resulting in death or serious bodily injury.
(2) “Crime” does not include an offense under the Maryland Vehicle Law1 or under Title 8, Subtitle 7 of the Natural Resources Article unless the offense is punishable by imprisonment.
Appeals
(b) Although not a party to a criminal or juvenile proceeding, a victim of a crime for which the defendant or child respondent is charged may file an application for leave to appeal to the Appellate Court of Maryland from an interlocutory order or appeal to the Appellate Court of Maryland from a final order that denies or fails to consider a right secured to the victim by subsection (e)(4) of this section, § 4-202 of this article, § 11-102 or § 11-104 of this subtitle, § 11-302, § 11-402, § 11-403, or § 11-603 of this title, § 3-8A-06, § 3-8A-13, or § 3-8A-19 of the Courts Article, or § 6-112 of the Correctional Services Article.
Stay of other proceedings in criminal or juvenile case
(c) The filing of an application for leave to appeal under this section does not stay other proceedings in a criminal or juvenile case unless all parties consent.
Representation of victim who has died or is disabled
(d)(1) For purposes of this section, a victim's representative, including the victim's spouse or surviving spouse, parent or legal guardian, child, or sibling, may represent a victim of a crime who dies or is disabled.
(2) If there is a dispute over who shall be the victim's representative, the court shall designate the victim's representative.
Rights of victim
(e)(1) In any court proceeding involving a crime against a victim, the court shall ensure that the victim is in fact afforded the rights provided to victims by law.
(2) If a court finds that a victim's right was not considered or was denied, the court may grant the victim relief provided the remedy does not violate the constitutional right of a defendant or child respondent to be free from double jeopardy.
(3) A court may not provide a remedy that modifies a sentence of incarceration of a defendant or a commitment of a child respondent unless the victim requests relief from a violation of the victim's right within 30 days of the alleged violation.
(4)(i) A victim who alleges that the victim's right to restitution under § 11-603 of this title was not considered or was improperly denied may file a motion requesting relief within 30 days of the denial or alleged failure to consider.
(ii) If the court finds that the victim's right to restitution under § 11-603 of this title was not considered or was improperly denied, the court may enter a judgment of restitution.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2006, c. 260, § 1, eff. June 1, 2006; Acts 2011, c. 362, § 1, eff. June 1, 2011; Acts 2013, c. 43, § 5; Acts 2013, c. 363, § 1, eff. June 1, 2013; Acts 2016, c. 540, § 1, eff. Oct. 1, 2016; Acts 2016, c. 541, § 1, eff. Oct. 1, 2016; Acts 2023, c. 49, § 6.
Formerly Art. 27, § 776.

Footnotes

1
Transportation, § 11-101 et seq.
MD Code, Criminal Procedure, § 11-103, MD CRIM PROC § 11-103
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