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Session Laws, 1993
Volume 772, Page 2313   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 421

(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.

643D.

(a)     In every case 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 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.

(b)     (1) If the victim or the victim's representative is permitted to address the judge or
jury, the defendant may cross-examine the victim or the victim's representative.

(2) The cross-examination is limited to the factual statements made in the
address to the judge or jury.

(c)      (I) 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.

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Session Laws, 1993
Volume 772, Page 2313   View pdf image
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