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Session Laws, 1997
Volume 795, Page 2221   View pdf image
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PARRIS N. GLENDENING, Governor Ch. 311

(II) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A
DELINQUENT ACT.

[ (2)] (3) "Victim" means a person who[:

(i) Has testified as a witness; and

Is] 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] OR
DELINQUENT ACT for which the defendant is being tried.

[(3)] (4) 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 § 6
43B of this article or a
crime involving, causing, or resu
lting in death or serious bodily harm] OR DELINQUENT
ACT; or

(ii) Designated by the court in the event of a dispute over the

representative.

(5) "TRIAL" INCLUDES AN ADJUDICATORY HEARING AND ANY OTHER
COURT PROCEEDING IN WHICH THE DEFENDANT HAS A RIGHT TO APPEAR.

(b) A victim or representative shall be presumed to have the right to be present
[at] THROUGHOUT 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 caus
e.

(d) A judge may remove a victim or representative from the trial for the same
causes and in the same manner as the laws or rules of court provide for the exclusion of
removal of the defendant.

774.

(a) In a case of abuse of a child as defined in § 5-701 of the Family Law Article
or § 35C of this article, a court may order that the testimony of a child victim be taken
outside the courtroom and shown in the courtroom by means of closed circuit television
if:

(1) The testimony is taken during the proceeding; and

(2) The judge determines that testimony by the child victim in the
defendant's presence will result in the child suffering serious emotional distress such that
the child cannot reasonably communicate.

(b) (1) Only the following persons may be in the room with the child when the
child testifies by closed circuit television:

(i) [The] ONE prosecuting attorney;

(ii) [The] ONE attorney for the defendant OR;

- 2221 -

 

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Session Laws, 1997
Volume 795, Page 2221   View pdf image
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