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Session Laws, 1997
Volume 795, Page 2219   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 311

(iii) Certify to the clerk that the State's Attorney has complied with the
requirements in items (i) and (ii) of this paragraph or is unable to identify the victim.

(2) On the filing of a petition alleging delinquency in a case in which the
child is alleged to have committed an act that could only be tried in the circuit court if
committed by an adult, the State's Attorney shall:

(i) Inform the victim of the right to request restitution under § 808 §
807 of this article;

(ii) Mail or otherwise deliver to the victim a copy of the notification
request form described in § 841(9) of this article; and

(iii) Certify to the clerk that the State's Attorney has complied with the
requirements in items (i) and (ii) of this paragraph or is unable to identify the victim.

(d) (1) On completion of a notification request form OBTAINED FROM THE
STATE'S ATTORNEY UNDER SUBSECTION (C) OF THIS SECTION, the victim may file the
form with the State's Attorney.

(2) On receipt of a completed notification request form by the State's
Attorney, the State's Attorney shall send a copy of the form to the clerk.

(3) The filing of a notification request form by a victim constitutes
compliance with Article 47 of the Declaration of Rights or any other provision of the
Code that requires a victim to request notification.

(4) A victim who files a notification request form and does not want his or
her address to be made public shall designate in a notification request form a person or
organization who has consented to receive notice for the victim.

(e) (1) If a victim has filed a notification request form under subsection (d) of
this section, the State's Attorney shall send to the victim prior notice, if practicable, of all
court proceedings in the case.

(2) If the case is in a jurisdiction in which the office of the clerk is equipped
with an automated filing system, nothing in this subsection precludes the State's Attorney
from requesting the clerk to send the notice required under paragraph (1) of this
subsection.

(3) After a victim has filed a notification request form under subsection (d)
of this section and if prior notice to the victim is not practicable, or if the victim is not
present at the proceeding, the State's Attorney shall, as soon after the proceeding as
practicable, advise the victim of all proceedings that affect the victim's interests, including
a bail hearing or change in the defendant's pretrial release order, dismissal, nolle
prosequi or stetting of charges, trial, disposition, or post-sentencing court proceeding.

(4) Whether or not the victim has filed a notification request form under
subsection (d) of this section, if the victim requests such information, nothing may
preclude the State's Attorney from giving the victim information concerning the current
status of the case.

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Session Laws, 1997
Volume 795, Page 2219   View pdf image
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