WILLIAM DONALD SCHAEFER, Governor                      H.B. 1274

those jurisdictions, if the individual who is the subject of the report has been committed
or is being evaluated for commitment to the facility for treatment as a condition of
probation. The agents shall also perform any other probationary services the judges may
from time to time request.

(c) (1) Prior to the sentence by the circuit court of any county to the jurisdiction
of the Division of Correction of a defendant convicted of a felony, or a misdemeanor
which resulted in serious physical injury or death to the victim, or the referral of any
defendant to the Patuxent Institution, the court may order the Division of Parole and
Probation to complete a presentence investigation if the court is satisfied that the
investigation would help the sentencing process. The burden of establishing that the
presentence investigation should be ordered is on the party that requests the
investigation.

(2)     (i) The presentence investigation shall include a victim impact
statement, if:

1. The defendant, in committing a felony, caused physical,
psychological, or economic injury to the victim; or

2. The defendant, in committing a misdemeanor, caused serious
physical injury or death to the victim.

(ii) If the court does not order a presentence investigation, the State's
Attorney may prepare a victim impact statement to be submitted to the court and the
defendant in accordance with the Maryland Rules of Procedure pertaining to presentence
investigations.

(iii) The court shall consider the victim impact statement in
determining the appropriate sentence, and in entering any order of restitution to the
victim under Article 27, § 640(c) of the Code.

(3)     A victim impact statement shall:

(i) Identify the victim of the offense;

(ii) Itemize any economic loss suffered by the victim as a result of the
offense;

(iii) Identify any physical injury suffered by the victim as a result of the
offense along with its seriousness and permanence;

(iv) Describe any change in the victim's personal welfare or familial
relationships as a result of the offense;

(v) Identify any request for psychological services initiated by the
victim or the victim's family as a result of the offense; and

(vi) Contain any other information related to the impact of the offense
upon the victim or the victim's family that the court requires.

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