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Session Laws, 1999
Volume 796, Page 3476   View pdf image
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(III) THE COURT MAY CONSIDER A VICTIM IMPACT STATEMENT IN
DETERMINING WHETHER TO WAIVE JURISDICTION UNDER THIS SECTION.

(3) (2) THE A VICTIM SHALL BE GIVEN NOTICE OF THE WAIVER HEARING

AS PROVIDED UNDER § 770 OF THIS ARTICLE.
770.

(e) (1) If a victim has filed a notification request form under subsection (d)
of this section, the State's Attorney shall send to the victim prior notice, if practicable,
of all court proceedings in the case, including the terms and conditions of a plea
agreement, if any, AND OF THE VICTIM'S RIGHT TO SUBMIT A VICTIM IMPACT
STATEMENT TO THE COURT AS PROVIDED in § 781 OF THIS ARTICLE.

(2) If the case is in a jurisdiction in which the office of the clerk is
equipped with an automated filing system, nothing in this subsection precludes the
State's Attorney from requesting the clerk to send the notice required under
paragraph (1) of this subsection.

(3) After a victim has filed a notification request form under subsection
(d) of this section and if prior notice to the victim is not practicable, or if the victim is
not present at the proceeding, the State's Attorney shall, as soon after the proceeding
as practicable, advise the victim of the terms and conditions of any plea agreement,
judicial action, and all other proceedings that affect the victim's interests, including a
bail hearing or change in the defendant's pretrial release order, dismissal, nolle
prosequi or stetting of charges, trial, disposition, or post-sentencing court proceeding.

(4) Whether or not the victim has filed a notification request form under
subsection (d) of this section, if the victim requests such information, nothing may
preclude the State's Attorney from giving the victim information concerning the
current status of the case.

781.

(a) In this section, "defendant" means:

(1) A person who is charged with a crime; or

(2) A child who is alleged to have committed a delinquent act.

(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:

(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, caused serious
physical injury or death to the victim.

 

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Session Laws, 1999
Volume 796, Page 3476   View pdf image
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