H.B. 1274

VETOES

(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)     (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;

Article 41 - Governor - Executive and Administrative Departments

4-609.

(a)     Whenever any court shall suspend the sentence of any person convicted of
crime, and shall direct such person, to continue, for a certain time, or until otherwise
ordered, under the supervision of the Division, it shall be the duty of the said Division to
supervise, when so requested by said court, the conduct of such person and to ascertain
and report to said court whether or not the conditions of such probation or suspension of
sentence are being faithfully complied with by such person.

(b)     The parole and probation agents of the Division shall provide the judge of the
court with presentence reports or other investigations in all cases when requested by any
judge. The presentence reports are confidential and not available for public inspection
except upon court order. However, presentence reports shall be made available, upon
request, to the defendant's attorney, the State's Attorney, a correctional institution, a
parole or probation, or pretrial release official of this State, any other state, the United
States, or the District of Columbia, and a public or private mental health facility in any of

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