HARRY HUGHES, Governor

3661

MENTAL, PHYSICAL, OR LEGAL DISABILITY, OR OTHERWISE UNABLE TO
PROVIDE THE REQUIRED INFORMATION, THE PERSONAL REPRESENTATIVE,
GUARDIAN, OR COMMITTEE, OR OTHER FAMILY MEMBER IS ENTITLED TO
MAY, AT THE REQUEST OF THE STATE'S ATTORNEY AND IN THE DISCRETION
OF THE SENTENCING JUDGE. ADDRESS THE SENTENCING JUDGE OR JURY
UNDER OATH OR AFFIRMATION BEFORE THE IMPOSITION OF SENTENCE ON
WRITTEN APPLICATION TO THE SENTENCING JUDGE.

(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IF

AN ORAL PRESENTATION WOULD BE DISRUPTIVE OR PHYSICALLY

THREATENING TO THE ORDER OF A COURT PROCEEDING, A JUDGE MAY
REFUSE TO ALLOW A VICTIM OR REPRESENTATIVE TO MAKE AN ORAL
ADDRESS.

(C) (B) (1) IF THE A THE VICTIM OR THE A THE VICTIM'S

REPRESENTATIVE IS PERMITTED TO ADDRESS THE    JUDGE OR JURY, THE

DEFENDANT MAY CROSS-EXAMINE THE A THE VICTIM OR THE A THE
VICTIM'S REPRESENTATIVE.

(2) THE CROSS-EXAMINATION IS LIMITED TO THE FACTUAL
STATEMENTS MADE IN THE ADDRESS TO THE JUDGE OR JURY.

(D) (C) (1) A VICTIM OR REPRESENTATIVE HAS THE RIGHT NOT TO
ADDRESS THE COURT AT SENTENCING.

(2) A PERSON MAY NOT ATTEMPT TO COERCE A VICTIM OR
REPRESENTATIVE TO ADDRESS THE COURT AT SENTENCING.

(E) THE EXERCISE OF OR THE FAILURE TO EXERCISE ANY

PRIVILEGE OR RIGHT GRANTED UNDER THIS SECTION MAY NOT BE CAUSE OR
GROUNDS FOR AN APPEAL OF THE SENTENCE BY A DEFENDANT OR THE STATE
OR FOR A COURT TO VACATE, REVERSE, OR REMAND A CRIMINAL SENTENCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

May 27, 1986

The Honorable Melvin A. Steinberg

President of the Senate

State House

Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 316.

This bill provides that health practitioners, police,
educators, and social workers that have contact with children
must report any suspected child abuse to a law enforcement
agency.