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Ch. 431
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1352
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LAWS OF MARYLAND
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(II) IMPOSE THE SAME PENALTY AS A PENALTY FOR
DISOBEDIENCE OF A SUBPOENA ISSUED BY THE COURT.
(3) THE COURT SHALL CONDUCT A HEARING AND MAY GRANT
APPROPRIATE RELIEF AFTER PROVIDING THE PERSON WHO ALLEGEDLY
FAILED TO COMPLY WITH A SUBPOENA AN OPPORTUNITY TO BE HEARD AND
BE REPRESENTED BY COUNSEL.
(C) (1) A WITNESS PERSON HAS THE RIGHT TO HAVE COUNSEL
PRESENT WHEN RESPONDING TO A SUMMONS DURING ANY CONTACT UNDER
THIS SECTION WITH THE STATE'S ATTORNEY OR HIS AGENTS.
(2) THE STATE'S ATTORNEY SHALL ADVISE A WITNESS
PERSON OF THE RIGHT TO COUNSEL WHEN THE SUBPOENA IS SERVED.
(D) (1) THE TESTIMONY OF A WITNESS SHALL BE UNDER OATH.
(2) IF REQUESTED BY A WITNESS, THE STATE'S ATTORNEY
SHALL CAUSE A RECORD TO BE MADE OF ALL TESTIMONY AND EVIDENCE
OBTAINED PURSUANT TO THE SUBPOENA.
(D) FOR THE PURPOSE OF THIS SECTION, "STATE'S ATTORNEY"
MEANS THE PERSON HOLDING THAT OFFICE UNDER SECTION 7 OF ARTICLE V
OF THE MARYLAND CONSTITUTION.
(E) NOTHING CONTAINED IN THIS SECTION IS INTENDED TO ALLOW
THE CONTRAVENTION, DENIAL, OR ABROGATION OF ANY PRIVILEGE OR
RIGHT RECOGNIZED BY LAW.
Article 27 - Crimes and Punishments
[592A.
(a) The State's attorney may issue a summons for a witness
for the purpose of obtaining evidence to prepare an information.
The State's attorney shall report to the court a refusal by a
witness to obey the summons and the court may issue a bench
warrant for the witness. A witness has the right to have counsel
present when responding to a summons and the State's attorney
shall advise the witness of that right when the summons is
issued.
(b) A witness from whom testimony and evidence is being
sought pursuant to this section shall be sworn. If the witness so
requests the State's attorney shall cause a record to be made of
all testimony and evidence obtained pursuant to the summons.]
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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