HARRY HUGHES, Governor

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Defined terms: "Destitute adult child" § 13-101
"Destitute parent" § 13-101

13-104. PRETRIAL INQUIRY -- POWERS OF STATE'S ATTORNEY.

(A)  IN GENERAL.

AFTER A COMPLAINT IS FILED UNDER § 13-103 OF THIS TITLE AND
BEFORE AN INFORMATION IS PREPARED, THE STATE'S ATTORNEY MAY HOLD
A PRETRIAL INQUIRY.

(B)  SUMMONS; OATHS; WITNESSES; EVIDENCE.

IN CONNECTION WITH ANY PRETRIAL INQUIRY UNDER THIS SECTION,
THE STATE'S ATTORNEY MAY:

(1)  ISSUE A SUMMONS THAT REQUIRES A PERSON OTHER THAN
THE ACCUSED INDIVIDUAL TO APPEAR, TO TESTIFY, AND TO PRODUCE
DOCUMENTS CONNECTED TO THE INQUIRY;

(2)  ADMINISTER OATHS;

(3)  EXAMINE WITNESSES; AND

(4)  RECEIVE EVIDENCE.

(C)  SANCTIONS FOR FAILURE TO APPEAR OR OBEY.

(1)  IF A PERSON FAILS TO OBEY A SUMMONS, OR FAILS TO
TESTIFY OR COMPLY WITH THE REQUESTS OF THE STATE'S ATTORNEY, THE
STATE'S ATTORNEY MAY ASK THE CIRCUIT COURT FOR THE COUNTY TO
ORDER THE PERSON:

(I)  TO OBEY THE SUMMONS;

(II)  TO TESTIFY; OR

(III)  TO PRODUCE ANY DOCUMENT THAT THE COURT
CONSIDERS NECESSARY FOR THE INQUIRY.

(2)  IF A PERSON FAILS OR REFUSES TO OBEY THE ORDER OF
COURT AFTER THE ORDER HAS BEEN SERVED, THE PERSON IS IN CONTEMPT
OF COURT AND THE COURT MAY PUNISH THE PERSON FOR THE CONTEMPT.

(3)  A FINDING OF CONTEMPT UNDER THIS SUBSECTION IS
SUBJECT TO APPEAL.

REVISOR'S NOTE: This section is new language that combines
without substantive change former Article 27, § 99, §
106, the last clause of the first sentence of § 98(a),
and the last clause of the first sentence of §. 105(a).

In subsection (a) of this section, the introductory
clause is new language added for clarity.