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ROBERT L. EHRLICH, JR., Governor S.B. 796
and the first sentence of former Public Local Laws, Art. 16 [Montgomery
County], § 12-23, as they related to taking testimony, and revised to apply
statewide.
Subsection (b)(1) through (3) of this section is new language derived from
the first and second sentences of former Public Local Laws, Art. 1
[Allegany County], § 32-6G, Public Local Laws, Art. 14 [Howard
County], § 7.305 and the first through 5th clause of § 7.303, and the first
and fourth sentences of former Public Local Laws, Art. 16 [Montgomery
County], § 12-23, as they related to making, holding, and using
transcripts, and revised to apply statewide.
Subsection (b)(4) of this section is new language derived from the sixth
clause of former Public Local Laws, Art. 14 [Howard County], § 7.303 and
revised to apply statewide.
Subsection (c)(1) of this section is new language derived from the reference
to use of testimony in former CJ § 2-503(a) and the references to a hearing
and written order in the second sentence of former Public Local Laws, Art.
1 [Allegany County], § 32-6G and the second sentence of former Public
Local Laws, Art. 16 [Montgomery County], § 12-23 and revised to apply
statewide.
Subsection (c)(2) of this section is new language derived from the second
sentence and, as they related to copying transcripts, the first sentence of
former Public Local Laws, Art. 1 [Allegany County], § 32-6G and the
second sentence of former Public Local Laws, Art. 16 [Montgomery
County], § 12-23 and revised to apply statewide.
In subsections (a) and (b)(1) of this section, the former references to
"shorthand", "stenographic notes", and "typewritten" transcripts are
deleted as too narrow in light of current methods of court reporting.
In subsection (b)(1) of this section, the former references to a "full"
transcript of "oral" testimony are deleted to allow for transcription of only
needed testimony. The deletion is not intended, however, to suggest that a
court reporter need not accurately take testimony in its entirety.
Also in subsection (b)(1) of this section, the former reference to providing a
transcript on request of a court is deleted as a court should order a State's
Attorney, as custodian, to provide a copy of a transcript.
In subsection (c)(2) of this section, references to a "governmental unit" are
added for completeness as "person" generally does not include such units
unless expressly stated. As to "person", see Art. 1, § 15 of the Code.
As to "county", see Art. 1, § 14 of the Code.
Defined term: "Circuit court" § 1-101
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