WILLIAM DONALD SCHAEFER, Governor                       H.B. 471

(xiii) Assault with intent to commit any of these crimes; or

(xiv) Use of a handgun or other deadly weapon in the commission or
attempt to commit any crime] BURGLARY IN THE FIRST, SECOND, OR THIRD DEGREE
AND ANY CRIME THAT IS LISTED AS A "CRIME OF VIOLENCE" UNDER ARTICLE 27, §
643B OF THE CODE.

COMMITTEE NOTE:

This change is intended to clarify that the term "violent crime" under this subtitle
means any crime that is currently listed as a "crime of violence" under Article 27, § 643B
of the Code. Since this bill deletes burglary and daytime housebreaking from the
definition of "crime of violence" under § 643B, the new language of this section expressly
includes burglary in the first, second, or third degree in the definition of "violent crime".

This change resolves an inconsistency between the language of this section and the
language of Article 41, § 4-504(d), § 4-511(f), and § 4-51lA(b) of the Code. Although
this section defines the term "violent crime" to include fourteen specific types of crimes,
each of the other three sections expressly provide that they are applicable to cases
involving a "crime of violence" under Article 27, § 643B of the Code.

4-504.

(d) (1) In this subsection, "victim" means a person who suffers personal physical
injury or death as a direct result of a crime or, if the victim is deceased, a designated
family member of the victim.

(2) (i) In cases where a defendant is sentenced to the Division of
Correction, if the victim makes a written request, to the Commission for notification and
maintains a current address on file with the Commission, the Commission, at least 90 days
before the parole release hearing, shall notify the victim or designated representative in
writing, directed to the most current address on file, that a parole release hearing has
been scheduled for the inmate convicted of the commission of the violent crime.

(ii) If the inmate was convicted of a [crime of violence as defined
under Article 27, § 643B of the Code] VIOLENT CRIME:

1.       The victim may submit to the Commission, in writing, not
later than 30 days from the date of the Commission's notice, a request to require the
Division of Parole and Probation to complete an updated victim impact statement.

2.       The Division of Parole and Probation shall complete the
updated statement at least 30 days prior to the parole release hearing.

3.       The Division of Parole and Probation shall promptly send the
updated victim impact statement to the Commission.

(iii) At least 30 days before the parole release hearing, the victim may:

1. Make a written recommendation to the Commission on the
advisability of releasing the inmate on parole; and

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