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Session Laws, 1997
Volume 795, Page 2275   View pdf image
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AND

776.

PARRIS N. GLENDENING, Governor Ch. 312

(1) THE VICTIM;

(2) IN A CRIMINAL CASE, THE DEFENDANT;

(3) IN A DELINQUENCY CASE, THE CHILD ALLEGED TO BE DELINQUENT;
(4)
ON BEHALF OF THE STATE'S ATTORNEY, THE ATTORNEY GENERAL

(c) - Although not a party to a criminal proceeding, the victim of the violent crime for
which the defendant is charged has the right to 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 41, § 4-609 of the Code.

780.

[(a) In every case resulting in serious physical injury or death, the victim or 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, guardian, or committee, or other family member may, at the
request of the State's Attorney and in the discretion of the sentencing judge, address the
sentencing judge or jury under oath or affirmation before the imposition of sentence.]

(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

- 2275 -

 

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Session Laws, 1997
Volume 795, Page 2275   View pdf image
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