H.B. 576

VETOES

778. RESERVED.

779. RESERVED.

SENTENCING PROCEDURES

[643D.] 780. RIGHT OF VICTIM OR REPRESENTATIVE TO ADDRESS SENTENCING
JUDGE.

(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.

DRAFTER'S NOTE: This section formerly was Art. 27, § 643D of the Code.

There are no changes.

781. VICTIM IMPACT STATEMENT IN PRESENTENCE INVESTIGATION.

[(2) (i)] (A) [The] A presentence investigation THAT IS COMPLETED
BY THE DIVISION OF PAROLE AND PROBATION UNDER ARTICLE 41, § 4-609 OF THE
CODE shall include a victim impact statement, if:

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

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

[(ii)] (B) 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.

[(hi)] (C) 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] § 807(C) OF THIS SUBTITLE.

[(3)] (D) A victim impact statement shall:

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