Ch. 312

1997 LAWS OF MARYLAND

(3) (I) "VICTIM" means a victim of:

[(i)] 1. A crime of violence as defined under § 643 of this article;

[or]

2. A CRIME AS DEFINED UNDER § 770 OF THIS ARTICLE; OR

[(ii)] 3. Except as provided in [paragraph (2) of this subsection,]
SUBPARAGRAPH (II) OF THIS PARAGRAPH, a crime involving, causing, or resulting in
death or serious bodily injury.

[(2)] (II) ["Victim of a violent crime"] "VICTIM" does not include a victim
of an offense that is not punishable by imprisonment under the Maryland Vehicle Law or
under Title 8, Subtitle 7 of the Natural Resources Article ("State Boat Act").

(b) (1) In the event of the death or disability of a victim [of a violent crime, the
term "victim of a violent crime"], "VICTIM" includes the victim's:

(i) Spouse or surviving spouse;

(ii) Parent or legal guardian;

(iii) Child; or

(iv) Sibling.

(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 THE STATE'S ATTORNEY MAY 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 11, § 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 case 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:

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