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Session Laws, 1997
Volume 795, Page 2272   View pdf image
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Ch. 312

1997 LAWS OF MARYLAND

(c) The judge may sequester a victim or representative from any part of the trial
at the request of the defendant or the State only after a finding of good cau
se.

(d) A judge may remove a victim or representative from the trial for the same
causes and in the same manner as the laws or rules of court provid
e for the exclusion or
removal of the defendant.

774.

(a) In a case of abuse of a child as defined in § 5-701 of the Family Law Article
or § 35C of this article, a court may order that the testimony of a child victim be taken
outside the courtroom and shown in the courtroom by means of closed circuit television
if:

(1) The testimony is taken during the proceeding; and

(2) The judge determines that testimony by the child victim in the
defendant's presence will result in the child suffering serious emotional distress such that
the child cannot reasonably communicate.

(b) (1) Only the following persons may be in the room with the child when the
child testifies by closed circuit television:

(i) [The] ONE prosecuting attorney;

(ii) [The] ONE attorney for the defendant AND;
(III) ONE ATTORNEY FOR THE CHILD;

(IV) The operators of the closed circuit television equipment;

and

(V) Subject to the Maryland Rules, any person whose presence,
in the opinion of the court, contributes to the well-being of the child, including a person
who has dealt with the child in a therapeutic setting concerning the abuse.

(2) During the child's testimony by closed circuit television, the judge and
the defendant shall be in the courtroom.

(3) The judge and the defendant shall be allowed to communicate with the
persons in the room where the child is testifying by any appropriate electronic method.

(4) [Only the] IN A CRIMINAL OR JUVENILE DELINQUENCY CASE, ONLY
ONE prosecuting attorney, [the] ONE attorney for any defendant, and the judge may
question the child.

(5) IN A CHILD IN NEED OF ASSISTANCE CASE, ONLY ONE ATTORNEY
FOR EACH PARTY AND THE JUDGE MAY QUESTION THE CHILD.

(c) (1) In determining whether testimony by the child victim in the defendant's
presence will result in the child suffering serious emotional distress such that the child
cannot reasonably communicate, the judge may observe and question the child either

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Session Laws, 1997
Volume 795, Page 2272   View pdf image
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