Ch. 311

1997 LAWS OF MARYLAND

(2) If there is a dispute over who shall be the victim's representative, the
court shall select a representative, for the victim.

(e) Although not a party to a criminal OR JUVENILE DELINQUENCY proceeding,
the victim of the [violent] crime [for which the defendant is charged has the right to]
OR DELINQUENT ACT OR TILE STATE'S ATTORNEY MAY file an application for leave to
appeal to the Court of Special Appeals from on interlocutory or final order that denies or
fails to consider a right secured to that victim by [§ 773(b) or § 780] § 773(B), § 780, § 780A,
OR § 781 of this subtitle or Article 41, § 4 609 of the Code.

(d) [The] (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
THE filing of an application for leave to appeal under this section may not result in the
stay of [other]:

(I) OTHER proceedings in a criminal ease IN WHICH THE VICTIM
INVOKED OR ATTEMPTED TO INVOKE A RIGHT UNDER § 773(B) OF THIS subtitle
without the consent of all of the parties; AND

(II) A SENTENCE IN A CRIMINAL CASE OR A DISPOSITION IN A
DELINQUENCY CASE

(2) A CIRCUIT COURT, THE COURT OF SPECIAL APPEALS, OR THE
COURT OF APPEALS MAY STAY A PROCEEDING UNDER THE TERMS THE COURT
CONSIDERS PROPER.

(E) THE PARTIES TO A LEAVE TO APPEAL FILED UNDER THIS SECTION SHALL

BE:

(1) THE VICTIM;

(2) IN A CRIMINAL CASE, THE DEFENDANT;

(3) IN A DELINQUENCY CASE, THE CHILD ALLEGED TO BE DELINQUENT;

AND

776.

(4) ON BEHALF OF THE STATE'S ATTORNEY, THE ATTORNEY GENERAL

(c) Although not a party to a criminal proceeding, the victim of the violent crime for
which the defendant is charged has the right to file an application for leave to appeal to the
Court of Special Appeals from an interlocutory or final order that denies or fails to consider a
right secured to that victim by [§ 773(b) or § 780] § 773(B), §780, § 780A. OR § 781 of this
subtitle or Article 41, § 4-609 of the Code.

780.

[(a) In every case resulting in serious physical injury or death, the victim or a
member of the victim's immediate family, or if the victim is deceased, under a mental,
physical, or legal disability, or otherwise unable to provide the required information, the
personal representative, guardian, or committee, or other family member may, at the
request of the State's Attorney and in the discretion of the sentencing judge, address the
sentencing judge or jury under oath or affirmation before the imposition of sentence.]

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