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Session Laws, 1989
Volume 771, Page 3101   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 487

(II) IS THE VICTIM OF A CRIME OF VIOLENCE UNDER
§ 643B OF THIS ARTICLE OR A CRIME INVOLVING, CAUSING, OR
RESULTING IN DEATH OR SERIOUS BODILY HARM FOR WHICH THE DEFENDANT
IS BEING TRIED.

(3) "REPRESENTATIVE" MEANS A PERSON WHO IS:

(I) 1. SUBPOENAED OR HAS TESTIFIED; AND

2. SELECTED BY THE NEXT OF KIN OR
GUARDIAN OF A PERSON WHO IS DECEASED OR DISABLED AS A RESULT OF A
CRIME OF VIOLENCE UNDER § 643B OF THIS ARTICLE OR A CRIME
INVOLVING, CAUSING, OR RESULTING IN DEATH OR SERIOUS BODILY HARM;
OR

(II)  DESIGNATED BY THE COURT IN THE EVENT OF A
DISPUTE OVER THE REPRESENTATIVE.

(B)  A VICTIM OR REPRESENTATIVE SHALL BE PRESUMED TO HAVE
THE RIGHT TO BE PRESENT AT THE TRIAL.

(C)  THE JUDGE MAY SEQUESTER A VICTIM OR REPRESENTATIVE FROM
ANY PART OF ' THE TRIAL AT THE REQUEST OF THE DEFENDANT OR THE
STATE ONLY AFTER A FINDING OF GOOD CAUSE.

(D)  A JUDGE MAY REMOVE A VICTIM OR REPRESENTATIVE FROM THE
TRIAL FOR THE SAME CAUSES AND IN THE SAME MANNER AS THE LAWS OR
RULES OF COURT PROVIDE FOR THE EXCLUSION OR REMOVAL OF THE
DEFENDANT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 19, 1989.

CHAPTER 487

(Senate Bill 417)

AN ACT concerning

Restitution

FOR the purpose of subrogating the State to a victim's right to
recover restitution if the victim is given an award under
the Criminal Injuries Compensation Act; removing a a
restriction on where restitution may be paid; defining a
certain term; requiring that allowing a court to order
restitution under certain circumstances; requiring a court

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Session Laws, 1989
Volume 771, Page 3101   View pdf image
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