P ARRIS N. GLENDENING, Governor Ch. 311

[(d)](E) "Witness" means any person who:

(1) Has knowledge of the existence of facts relating to a crime OR
DELINQUENT ACT;

(2) Makes a declaration under oath that is received as evidence for any

purpose;

(3) Has reported a crime OR DELINQUENT ACT to a law enforcement
officer, prosecutor, INTAKE OFFICER, correctional officer, or judicial officer; or

(4) Has been served with a subpoena issued under the authority of a court
of this State, of any other state, or of the United States.

762.

(a) A person may not intentionally harm or injure any person or damage or
destroy any property with the intent of retaliating against a victim or witness for giving
testimony in an official proceeding or for reporting a crime OR DELINQUENT ACT.

(b) A person who violates this section is guilty of a misdemeanor and upon
conviction shall be sentenced to imprisonment for not more than 5 years.

763.

(a) In this section a finding of good cause may be based upon any relevant
evidence including credible hearsay.

(b) A court with jurisdiction over a criminal matter OR DELINQUENCY CASE
may, for good cause shown, issue any order that is reasonably necessary to stop or prevent
the intimidation of a victim or witness or a violation of § 27 of this article or § 761 or § 762
of this subheading. This authority includes the power to:

(1) Order any person not to violate the provisions of § 27 of this article or §
761 or § 762 of this subheading;

(2) Order any person to maintain a certain physical distance from any other
person specified by the court;

(3) Prohibit any person from communicating with any other person specified
by the court, except through an attorney or other individual specified by the court; and

(4) ORDER OTHER REASONABLE CONDITIONS TO ENSURE THE SAFETY OF A
VICTIM OR WITNESS; AND

(4) (5) Hold a hearing to determine if an order should be issued under
this section.

(c) (1) The court may use its contempt power to enforce an order issued under
this section.

(2) If a defendant violates an order issued under this section the court may
revoke the defendant's pretrial release in order to ensure the safety of a victim or witness
or the integrity of the judicial process.

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