H.B. 1274

VETOES

(4) If the victim is deceased, under a mental, physical, or legal disability, or
otherwise unable to provide the information required under this section, the information
may be obtained from the personal representative, guardian, or committee, or such family
members as may be necessary.

(d) In any case in which the death penalty or imprisonment for life without the
possibility of parole is requested under Article 27, § 412, a presentence investigation,
including a victim impact statement, shall be completed by the Division of Parole and
Probation, and shall be considered by the court or jury before whom the separate
sentencing proceeding is conducted under Article 27, § 412 or § 413.

Article - Courts and Judicial Proceedings

12-303A.

A VICTIM OR REPRESENTATIVE, AS DEFINED IN ARTICLE 27, § 620 OF THE CODE,
ALTHOUGH NOT A PARTY TO A CRIMINAL PROCEEDING, MAY APPEAL FROM AN
INTERLOCUTORY OR FINAL ORDER THAT DENIES THE VICTIM OR REPRESENTATIVE
A RIGHT SECURED BY ARTICLE 27, §§ 620 OR 643D OF THE CODE. THE APPEAL MAY
NOT RESULT IN A STAY OF OTHER-PROCEEDINGS IN THE CRIMINAL CASE WITHOUT
THE CONSENT OF ALL OF THE PARTIES.

(A)     (1) IN THIS SECTION, "VICTIM OF A VIOLENT CRIME" MEANS A VICTIM
OF:

(I)      A CRIME OF VIOLENCE AS DEFINED UNDER ARTICLE 27, § 643B
OF THE CODE; OR                                                                     

(II)     EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
A CRIME INVOLVING, CAUSING, OR RESULTING IN DEATH OR SERIOUS BODILY
INJURY.

(2) "VICTIM OF A VIOLENT CRIME" DOES NOT INCLUDE A VICTIM OF AN
OFFENSE THAT IS NOT PUNISHABLE BY IMPRISONMENT UNDER THE MARYLAND
VEHICLE LAW OR UNDER TITLE 8, SUBTITLE 7 OF THE NATURAL RESOURCES
ARTICLE ("STATE BOAT ACT").

(B)     (1) IN THE EVENT OF THE DEATH OR DISABILITY OF A VICTIM OF A
VIOLENT CRIME, THE TERM "VICTIM OF A VIOLENT CRIME" INCLUDES THE
VICTIM'S:

(I)      SPOUSE OR SURVIVING SPOUSE;

(II)     PARENT OR LEGAL GUARDIAN;
(III) CHILD; OR

(IV) SIBLING.

(2) IF THERE IS A DISPUTE OVER WHO SHALL BE THE VICTIM'S
REPRESENTATIVE, THE COURT SHALL SELECT A REPRESENTATIVE FOR THE VICTIM.

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