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Session Laws, 1982
Volume 742, Page 3110   View pdf image
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3110

LAWS OF MARYLAND

Ch. 494

1. THE DEFENDANT, IN COMMITTING A

FELONY, CAUSED PHYSICAL, PSYCHOLOGICAL, OR ECONOMIC INJURY
TO THE VICTIM; OR

2. THE DEFENDANT, IN COMMITTING A
MISDEMEANOR, CAUSED SERIOUS PHYSICAL INJURY OR DEATH TO THE
VICTIM.

(II) IF THE COURT DOES NOT ORDER A
PRESENTENCE INVESTIGATION, THE STATE'S ATTORNEY MAY PREPARE
A VICTIM IMPACT STATEMENT TO BE SUBMITTED TO THE COURT AND
THE DEFENDANT IN ACCORDANCE WITH THE MARYLAND RULES OF
PROCEDURE PERTAINING TO PRESENTENCE INVESTIGATIONS.

(II) (III) THE COURT SHALL CONSIDER THE
VICTIM IMPACT STATEMENT IN DETERMINING THE APPROPRIATE
SENTENCE, AND IN ENTERING ANY ORDER OF RESTITUTION TO THE
VICTIM UNDER ARTICLE 27, § 640(C) OF THE CODE.

(3) A VICTIM IMPACT STATEMENT SHALL:

(I)   IDENTIFY THE VICTIM OF THE OFFENSE;

(II)   ITEMIZE ANY ECONOMIC LOSS SUFFERED BY
THE VICTIM AS A RESULT OF THE OFFENSE;

(III)   IDENTIFY ANY PHYSICAL INJURY
SUFFERED BY THE VICTIM AS A RESULT OF THE OFFENSE ALONG WITH
ITS SERIOUSNESS AND PERMANENCE;

(IV)  DESCRIBE ANY CHANGE IN THE VICTIM'S
PERSONAL WELFARE OR FAMILIAL RELATIONSHIPS AS A RESULT OF
THE OFFENSE;

(V)   IDENTIFY ANY REQUEST FOR PSYCHOLOGICAL
SERVICES INITIATED BY THE VICTIM OR THE VICTIM'S FAMILY AS A
RESULT OF THE OFFENSE; AND

(VI)  CONTAIN ANY OTHER INFORMATION RELATED
TO THE IMPACT OF THE OFFENSE UPON THE VICTIM THAT THE COURT
REQUIRES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved June 1, 1982.

CHAPTER 495
(Senate Bill 124)

 

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Session Laws, 1982
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