PARRIS N. GLENDENING, Governor
Ch. 312
JUDGE, STATE'S ATTORNEY, DISTRICT COURT COMMISSIONER, INTAKE OFFICER, OR
LAW ENFORCEMENT OFFICER MAY WITHHOLD THE RELEASE OF THE ADDRESS OR
TELEPHONE NUMBER OF THE VICTIM OR WITNESS PRIOR TO THE TRIAL OR
ADJUDICATORY HEARING, UNLESS A JUDGE DETERMINES THAT, UNDER THE
PARTICULAR CIRCUMSTANCES, THE INFORMATION IS NECESSARY AND RELEVANT
GOOD CAUSE HAS BEEN SHOWN FOR THE RELEASE OF THE INFORMATION.
772.
On motion of either party or on request of THE STATE OR ON REQUEST OF A
VICTIM OR a witness, during a criminal trial OR ADJUDICATORY HEARING, a judge may
prohibit the release of the address or telephone number of the victim or witness unless
the judge determines that,—under the particular circumstances, the information is
necessary and relevant GOOD CAUSE IS SHOWN FOR THE RELEASE OF THE
INFORMATION.
(a) (1) In this section the following words have the meanings indicated.
(2) "DEFENDANT" INCLUDES:
(I) A PERSON WHO IS CHARGED WITH A CRIME; AND
(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
(ii) Is] IS the victim of a crime [of violence under (5) § 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 § 643B of this article or a
crime involving, causing, or resulting 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.
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