PARRIS N. GLENDENING,- Governor Ch. 311
(f) This section may not be interpreted to permit the use of two-way closed
circuit television or any other procedure that would result in the child being exposed to
the defendant.
775.
(f) (2) (i) Except as provided in subparagraph (ii)2 of this paragraph, any
defendant, any defendant's attorney, and the prosecutor shall have the right to be present
when the court hears testimony on whether to admit into evidence an out of court
statement of a child under this section.
(ii) If the court is required to observe or question the child in
connection with the determination to admit into evidence the out of court statement:
1. [Any defendant's attorney and the] ONE ATTORNEY FOR
EACH DEFENDANT, ONE ATTORNEY FOR THE CHILD, AND ONE prosecutor shall have
the right to be present at the in camera examination; and
2. The judge may not permit a defendant to be present at the in
camera examination.
776.
(a) (1) In this section[, "victim of a violent crime"] THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.
(2) "STATE'S ATTORNEY" HAS THE MEANING PROVIDED IN § 770 OF THIS
ARTICLE.
(3) (I) "VICTIM" means a victim of:
[(i)] 1. A crime of violence as defined under § 643B of this article;
[or]
2. A CRIME AS DEFINED UNDER § 770 OF THIS ARTICLE; OR
[(ii)] 3. Except as provided in [paragraph (2) of this subsection,]
SUBPARAGRAPH (II) OF THIS PARAGRAPH, a crime involving, causing, or resulting in
death or serious bodily injury.
[(2)] (II) ["Victim of a violent crime"] "VICTIM" does not include a victim
of an offense that is not punishable by imprisonment under the Maryland Vehicle Law or
under Title 8, Subtitle 7 of the Natural Resources Article ("State Boat Act").
(b) (1) In the event of the death or disability of a victim [of a violent crime, the
term "victim of a violent crime"], "VICTIM" includes the victim's;
(i) Spouse or surviving spouse;
(ii) Parent or legal guardian;
(iii) Child; or
(iv) Sibling.
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