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Session Laws, 1997
Volume 795, Page 2278   View pdf image
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Ch. 312

1997 LAWS OF MARYLAND

(B) "DEFENDANT" INCLUDES MEANS:

(1) A PERSON WHO IS CHARGED WITH A CRIME; AND FELONY: OR

(2) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A DELINQUENT
ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT.

(C) "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS DIRECT OR
THREATENED PHYSICAL EMOTIONAL OR FINANCIAL HARM AS A DIRECT RESULT
OF A CRIME OR DELINQUENT ACT FELONY OR A DELINQUENT ACT THAT WOULD BE
A FELONY IF COMMITTED BY AN ADULT, INCLUDING A FAMILY MEMBER OR
GUARDIAN OF A MINOR, INCOMPETENT, OR HOMICIDE VICTIM.

784.

(a) In this section, "subsequent proceeding" includes:

(1) A review of sentence under § 645JA of this article;

(2) A hearing on a request to have a sentence modified or vacated under the
Maryland Rules;

(3) IN A JUVENILE DELINQUENCY CASE, A REVIEW OF A COMMITMENT
ORDER OR OTHER DISPOSITION UNDER THE MARYLAND RULES;

[(3)](4) An appeal to the Court of Special Appeals; [or]

[(4)] (5) An appeal to the Court of Appeals; OR

(6) ANY OTHER POSTSENTENCING COURT PROCEEDING.

(b) Following conviction OR ADJUDICATION and sentencing OR DISPOSITION of
a [criminal] defendant for a crime FELONY [of violence as defined in § 643B of this
article] OR DELINQUENT ACT THAT WOULD BE A FELONY IF COMMITTED BY AN
ADULT, [the State's Attorney shall send advance notice, in writing, of a subsequent
proceeding to the victim of that crime of violence, or in the case of a homicide, to a
designated family member, if the victim or designated family member:

(1) In a timely manner, requests of the State's Attorney, in writing, to be
notified of subsequent proceedings; and

(2) Maintains with the State's Attorney a current address in the State] THE
VICTIM, OR IN THE CASE OF A HOMICIDE, A DESIGNATED FAMILY MEMBER, SHALL
BE NOTIFIED OF A SUBSEQUENT PROCEEDING IN ACCORDANCE WITH § 770(E) OF
THIS ARTICLE IF:

(1) PRIOR TO THE DISTRIBUTION BY THE STATE'S ATTORNEY OF
NOTIFICATION REQUEST FORMS UNDER § 770(C) OF THIS ARTICLE, THE VICTIM
SUBMITTED TO THE STATE'S ATTORNEY A WRITTEN REQUEST TO BE NOTIFIED OF
SUBSEQUENT PROCEEDINGS; OR

- 2278 -

 

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Session Laws, 1997
Volume 795, Page 2278   View pdf image
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