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Session Laws, 1996
Volume 794, Page 4316   View pdf image
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H.B. 576

VETOES

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) A PRESENTENCE INVESTIGATION MAY SHALL INCLUDE A VICTIM
IMPACT STATEMENT AS PROVIDED IF REQUIRED UNDER ARTICLE 27, § 781 OF THE
CODE.

(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 AS PROVIDED UNDER ARTICLE 27, § 781 OF THE
CODE, 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.

DRAFTER'S NOTE: Former subsection (c)(2), (3), and (4) have been transferred
to be Art. 27, § 781 of the Code. New subsection (c)(2) of this section is added
as a cross-reference for informational purposes.

In subsection (d) of this section, a cross-reference to Art. 27, § 781 of the
Code is added for clarity.

Article - Courts and Judicial Proceedings

3-829. LIABILITY FOR ACTS OF CHILD.

THE COURT MAY ENTER A JUDGMENT OF RESTITUTION AGAINST THE PARENT
OF A CHILD, THE CHILD, OR BOTH AS PROVIDED UNDER ARTICLE 27, § 808 OF THE
CODE.

3-836. RIGHTS OF VICTIM OR WITNESS OF DELINQUENT ACT.

THE GUIDELINES PROVIDED UNDER ARTICLE 27, § 851 OF THE CODE APPLY TO
VICTIMS AND WITNESSES OF DELINQUENT ACTS.

10-917. RESTITUTION HEARINGS.

A WRITTEN STATEMENT OF EXPENSES OR A BILL SHALL BE TAKEN AS PRIMA
FACIE EVIDENCE AT A RESTITUTION HEARING AS PROVIDED UNDER ARTICLE 27, §
809 OF THE CODE.

SECTION 9. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 27 - Crimes and Punishments

830.

(a) In this section, "crime" means an act committed by a person in the State which
is:

(1)     A crime under Article 27 of the Code;

(2)     A violation of the Transportation Article which is punishable by
imprisonment; or

- 4316 -

 

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Session Laws, 1996
Volume 794, Page 4316   View pdf image
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