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Session Laws, 1996
Volume 794, Page 4249   View pdf image
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PARRIS N. GLENDENING, Governor                            H.B. 576

DRAFTER'S NOTE: This section merely provides a cross-reference to HG §
12-122.

No change in the law is intended.

770. RESERVED.

771. RESERVED.

TRIAL PROCEDURES

772. RELEASE OF ADDRESS OR PHONE NUMBER OF VICTIM OR WITNESS.

On motion of either party OR ON REQUEST OF A WITNESS, during a criminal trial,
a judge may prohibit the release of the address or telephone number of the victim or
witness unless the judge determines that, under the particular circumstances, the
information is necessary and relevant.

DRAFTER'S NOTE: This section is transferred from CJ § 9-501.

The phrase "or on request of a witness" is added to provide witnesses with a
procedure to prohibit the release of their addresses or telephone numbers.

There are no other changes.
[620.] 773. PRESENCE OF VICTIMS OR THEIR REPRESENTATIVES AT TRIAL.

(a)     (1) In this section the following words have the meanings indicated.

(2)     "Victim" means a person who:

(i) Has testified as a witness; and

(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.

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Session Laws, 1996
Volume 794, Page 4249   View pdf image
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