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Session Laws, 1997
Volume 795, Page 2277   View pdf image
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PARRIS N. GLENDENING, Governor Ch. 312

(1) The defendant, in committing a felony OR DELINQUENT ACT THAT
WOULD BE A FELONY IF COMMITTED BY AN ADULT, caused physical, psychological, or
economic injury to the victim; or

(2) The defendant, in committing a misdemeanor OR DELINQUENT ACT
THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT
, caused serious
physical injury or death to the victim.

[(b)] (C) If the court does not order a presentence investigation OR
PREDISPOSITION INVESTIGATION, the State's Attorney OR THE VICTIM may prepare a
victim impact statement to be submitted to the court and the defendant in accordance
with the Maryland Rules of Procedure pertaining to presentence investigations.

[(c)] (D) The court shall consider the victim impact statement in determining the
appropriate sentence OR DISPOSITION, and in entering any [order] JUDGMENT of
restitution [to] FOR the victim under [§ 807(c)] § 807 OR § 808 of this subtitle.

[(d)] (E) A victim impact statement shall:

(1) Identify the victim of the offense;

(2) Itemize any economic loss suffered by the victim as a result of the

offense;

(3) Identify any physical injury suffered by the victim as a result of the
offense along with its seriousness and permanence;

(4) Describe any change in the victim's personal welfare or familial
relationships as a result of the offense;

(5) Identify any request for psychological services initiated by the victim or
the victim's family as a result of the offense; [and]

(6) IDENTIFY ANY REQUEST BY THE VICTIM THAT THE DEFENDANT BE
PROHIBITED FROM HAVING CONTACT WITH THE VICTIM AS A CONDITION OF
PROBATION, PAROLE, MANDATORY SUPERVISION, WORK RELEASE, OR ANY OTHER
JUDICIAL OR ADMINISTRATIVE RELEASE OF THE DEFENDANT; AND

[(6)] (7) Contain any other information related to the impact of the offense
upon the victim or the victim's family that the court requires.

[(e)] (F) If the victim is deceased, under a mental, physical, or legal disability, or
otherwise unable to provide the information required under this section, the information
may be obtained from the personal representative, guardian, or committee, or such family
members as may be necessary.

Postsentencing Procedures

783A

(A) IN THIS SUBHEADING THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

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Session Laws, 1997
Volume 795, Page 2277   View pdf image
 Jump to  
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