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Maryland Code, Criminal Procedure § 11-302

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) In this section the following words have the meanings indicated.

(2) “Representative” means a person who is designated by:

(i) the next of kin or guardian of a victim who is deceased or disabled; or

(ii) the court in a dispute over who will be the representative.

(3) “Victim” means a person who is the victim of a crime or delinquent act.

(b) This section applies to:

(1) a criminal trial; and

(2) a juvenile delinquency adjudicatory hearing that is held in open court or that a victim or representative may attend under § 3-8A-13 of the Courts Article.

(c) Except as provided in subsections (d) and (e) of this section:

(1) a representative has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent; and

(2) after initially testifying, a victim has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent.

(d) The court may sequester a representative or, after a victim has initially testified, the victim from any part of the trial or juvenile delinquency adjudicatory hearing on request of the defendant, child respondent, or the State only after the court determines, with specific findings of fact on the record, that:

(1) there is reason to believe that the victim will be recalled or the representative will be called to testify at the trial or juvenile delinquency adjudicatory hearing; and

(2) the presence of the victim or representative would influence the victim's or representative's future testimony in a manner that would materially affect a defendant's right to a fair trial or a child respondent's right to a fair hearing.

(e) The court may remove a victim or representative from the trial or juvenile delinquency adjudicatory hearing for the same causes and in the same manner as the law provides for the exclusion or removal of a defendant or a child respondent.

(f) As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.

(g) This section does not limit a victim's or representative's right to attend a trial or juvenile delinquency adjudicatory hearing as provided in § 3-8A-13 of the Courts Article or § 11-102 of this title.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 11-302 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-11-302/

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