Ch. 311

1997 LAWS OF MARYLAND

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A VICTIM'S
REPRESENTATIVE HAS THE SAME RIGHT TO ADDRESS THE JURY IN A DEATH
PENALTY SENTENCING AS A VICTIM'S REPRESENTATIVE HAS TO ADDRESS A JUDGE
UNDER § 780 OF THIS SUBHEADING.

(C) (1) ON MOTION OF A DEFENDANT OR THE STATE OR ON ITS OWN
REQUEST, THE COURT IN A DEATH PENALTY SENTENCING MAY HOLD A HEARING
OUTSIDE OF THE PRESENCE OF THE JURY TO DETERMINE WHETHER A VICTIM'S
REPRESENTATIVE MAY PRESENT AN ORAL ADDRESS TO THE JURY.

(2) IF THE COURT DETERMINES THAT PART OF A VICTIM'S
REPRESENTATIVE'S ORAL ADDRESS WILL BE SO UNDULY PREJUDICIAL THAT IT
RENDERS THE JURY SENTENCING PROCEEDING FUNDAMENTALLY UNFAIR, THE
COURT MAY LIMIT THE PREJUDICIAL PORTION OF THE ORAL ADDRESS.

781.

(A) IN THIS SECTION, "DEFENDANT' INCLUDES MEANS:

(1) A PERSON WHO IS CHARGED WITH A CRIME; AND OR

(2) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A DELINQUENT

ACT.

[(a)] (B) A presentence investigation that is completed by the Division of Parole
and Probation under Article 41, § 4-609 of the Code OR A PREDISPOSITION
INVESTIGATION THAT IS COMPLETED BY THE DEPARTMENT OF JUVENILE JUSTICE
shall include a victim impact statement, if:

(1) The defendant, in committing a felony OR DELINQUENT ACT THAT
WOULD BE A FELONY IF COMMITTED BY AN ADULT, caused physical, psychological, or
economic injury to the victim; or

(2) The defendant, in committing a misdemeanor OR DELINQUENT ACT
THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT, caused serious
physical injury or death to the victim.

[(b)] (C) If the court does not order a presentence investigation OR
PREDISPOSITION INVESTIGATION, the State's Attorney OR THE VICTIM may prepare a
victim impact statement to be submitted to the court and the defendant in accordance
with the Maryland Rules of Procedure pertaining to presentence investigations.

[(c)] (D) The court shall consider the victim impact statement in determining the
appropriate sentence OR DISPOSITION, and in entering any [order] JUDGMENT of
restitution [to] FOR the victim under [§ 807(c)] § 807 OR § 808 of this subtitle.

[(d)] (E) A victim impact statement shall:

(1) Identify the victim of the offense;

(2) Itemize any economic loss suffered by the victim as a result of the

offense;

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