HARRY HUGHES, Governor

671

CHAPTER 127

(House Bill 778)

AN ACT concerning

Victim's or Representative's Right to Address
Sentencing Judge or Jury

FOR the purpose of entitling allowing certain crime victims or
certain other persons to address the sentencing judge or
jury before the imposition of a sentence under certain
circumstances; authorizing the judge to disallow oral
presentations under certain circumstances; allowing limited
cross examination by a defendant; prohibiting the coersion
of victims by certain persons; providing that the exercise
or failure to exercise provisions of this Act may not be
grounds for an appeal of or for a court to take certain
actions on a sentence; and generally relating to a victim's
or representative's right to address the sentencing judge or
jury.

BY adding to

Article 27 - Crimes and Punishments

Section 643D

Annotated Code of Maryland

(1982 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

643D.

(A) IN EVERY CASE IN WHICH A VICTIM IMPACT STATEMENT IS
REQUIRED BY ARTICLE 41, SECTION 124 OF THE CODE RESULTING IN
SERIOUS PHYSICAL INJURY OR DEATH, THE VICTIM OR A MEMBER OF THE
VICTIM'S IMMEDIATE FAMILY, OR IF THE VICTIM IS DECEASED, UNDER A
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.