Section 11-403 - Right of victim or victim's representative to address court during sentencing or disposition hearing.
§ 11-403. Right of victim or victim's representative to address court during sentencing or disposition hearing.
(a) "Sentencing or disposition hearing" defined.- In this section, "sentencing or disposition hearing" means a hearing at which the imposition of a sentence, disposition in a juvenile court proceeding, or alteration of a sentence or disposition in a juvenile court proceeding is considered.
(b) In general.- In the sentencing or disposition hearing the court:
(1) if practicable, shall allow the victim or the victim's representative to address the court under oath before the imposition of sentence or other disposition:
(i) at the request of the prosecuting attorney; or
(ii) if the victim has filed a notification request form under § 11-104 of this title; and
(2) may allow the victim or the victim's representative to address the court under oath before the imposition of sentence or other disposition at the request of the victim or the victim's representative.
(c) Cross-examination of victim or victim's representative.-
(1) If the victim or the victim's representative is allowed to address the court, the defendant or child respondent may cross-examine the victim or the victim's representative.
(2) The cross-examination is limited to the factual statements made to the court.
(d) Right not to address court.-
(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.
(e) Nonappearance by victim or representative.-
(1) If the victim or the victim's representative fails to appear at a hearing on a motion for a revision, modification, or reduction of a sentence or disposition in circuit court or juvenile court, the prosecuting attorney shall state on the record that proceeding without the appearance of the victim or the victim's representative is justified because:
(i) the victim or victim's representative was contacted by the prosecuting attorney and waived the right to attend the hearing;
(ii) efforts were made to contact the victim or the victim's representative and, to the best knowledge and belief of the prosecuting attorney, the victim or victim's representative cannot be located; or
(iii) the victim or victim's representative has not filed a notification request form under § 11-104 of this title.
(2) If the court is not satisfied by the statement that proceeding without the appearance of the victim or the victim's representative is justified, or, if no statement is made, the court may postpone the hearing.
(f) Denial of rights.- A victim or victim's representative who has been denied a right provided under this section may file an application for leave to appeal in the manner provided under § 11-103 of this title.
[An. Code 1957, art. 27, § 780(a)(1), (2), (b), (c), (d); 2001, ch. 10, § 2; 2009, ch. 573.]