Ch. 312

1997 LAWS OF MARYLAND

(2) MAY PERMIT THE VICTIM OR THE VICTIM'S REPRESENTATIVE TO
ADDRESS THE JUDGE UNDER OATH OR AFFIRMATION UNDER OATH OR
AFFIRMATION TO ADDRESS THE JUDGE BEFORE THE IMPOSITION OF SENTENCE OR
OTHER DISPOSITION AT THE REQUEST OF THE VICTIM OR THE VICTIM'S
REPRESENTATIVE

[(b)](C) (1) If the victim or the victim's representative is permitted to address
the judge or jury, the defendant may cross-examine the victim or the victim's
representative.

(2) The cross-examination is limited to the factual statements made in the
address to the judge or jury.

[(c)] (D) (1) A victim or THE VICTIM'S representative has the right not to
address the court at THE sentencing OR DISPOSITION HEARING.

(2) A person may not attempt to coerce a victim or THE VICTIM'S
representative to address the court at THE sentencing OR DISPOSITION HEARING.

780A

(A) IN THIS SECTION, "VICTIM'S REPRESENTATIVE" HAS THE MEANING
STATED IN § 780 OF THIS SUBHEADING.

(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:

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