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Session Laws, 1989
Volume 771, Page 4910   View pdf image
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VETOES

(a)  (1) A judge need not sequester a witness who has
testified and who is:

(i) The victim of a crime of violence under §
643B of this article for which the defendant is being tried; or

(ii) If the victim is deceased or disabled as a
result of a crime or crimes of violence under § 643B of this
article, a representative of the victim selected by the victim's
next of kin or guardian.

(2) In the event of a dispute over the
representative, the court may designate the representative.

(b)  A judge may remove a victim or representative from the
trial, for cause.]

620.

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)   "VICTIM" MEANS A PERSON WHO:

(I)  HAS TESTIFIED AS A WITNESS; AND

(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.

- 4910 -

 

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Session Laws, 1989
Volume 771, Page 4910   View pdf image
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