PARRIS N. GLENDENING, Governor

Ch. 311

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "SENTENCING OR DISPOSITION HEARING" MEANS A HEARING AT
WHICH THE IMPOSITION OF A SENTENCE, DISPOSITION IN A JUVENILE DELINQUENCY
PROCEEDING, OR ALTERATION OF A SENTENCE OR DISPOSITION IN A JUVENILE
DELINQUENCY PROCEEDING IS CONSIDERED.

(3) "VICTIM'S REPRESENTATIVE" MEANS 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, OR GUARDIAN OR OTHER
FAMILY MEMBER.

(B) IN THE SENTENCING OR DISPOSITION HEARING OF A CRIMINAL OR
JUVENILE CASE, THE COURT:

(1) SHALL, IF PRACTICABLE, PERMIT THE VICTIM OR THE VICTIM'S
REPRESENTATIVE TO ADDRESS THE JUDGE OR JURY UNDER OATH OR
AFFIRMATION UNDER OATH OR AFFIRMATION TO ADDRESS THE JUDGE BEFORE THE
IMPOSITION OF SENTENCE OR OTHER DISPOSITION:

(I) AT THE REQUEST OF THE STATE'S ATTORNEY; OR

(II) IF THE VICTIM HAS FILED A NOTIFICATION REQUEST FORM
UNDER § 770 OF THIS ARTICLE; AND

(2) MAY PERMIT THE VICTIM OR THE VICTIM'S REPRESENTATIVE TO
ADDRESS THE JUDGE UNDER OATH OR AFFIRMATION UNDER OATH OR AFFIRMATION
TO ADDRESS THE JUDGE BEFORE THE IMPOSITION OF SENTENCE OR OTHER
DISPOSITION AT THE REQUEST OF THE VICTIM OR THE VICTIM'S REPRESENTATIVE.

[(b)](C) (1) If the victim or the victim's representative is permitted to address
the judge or jury, the defendant may cross-examine the victim or the victim's
representative.

(2) The cross-examination is limited to the factual statements made in the
address to the judge or jury.

[(c)] (D) (1) A victim or THE VICTIM'S representative has the right not to
address the court at THE sentencing OR DISPOSITION HEARING.

(2) A person may not attempt to coerce a victim or THE VICTIM'S
representative to address the court at THE sentencing OR DISPOSITION HEARING.

780A

(A) IN THIS SECTION, "VICTIM'S REPRESENTATIVE" HAS THE MEANING
STATED IN § 780 OF THIS SUBHEADING.

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