Maryland Code, GENERAL PROVISIONS 4-356
Terms Used In Maryland Code, GENERAL PROVISIONS 4-356
- Adult: means an individual at least 18 years old. See
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(2) “Victim” means:
(i) a victim of domestic violence, as defined under § 4-701 of the Family Law Article;
(ii) a victim of a violation of Title 3, Subtitle 3 of the Criminal Law Article; or
(iii) a victim of a violation of Title 3, Subtitle 6 of the Criminal Law Article, except for a violation of § 3-607 of the Criminal Law Article where the victim is an adult.
(3) (i) “Victim’s representative” has the meaning stated in § 11-104 of the Criminal Procedure Article.
(ii) “Victim’s representative” does not include a person acting in concert with a person alleged to have committed the crime against the victim.
(b) (1) This section does not apply to a public record that has been entered into evidence in a court proceeding.
(2) This section may not be construed to:
(i) create a right of civil action for a victim or victim’s representative; or
(ii) affect the discovery or evidentiary rights of a party to a civil suit or criminal prosecution.
(c) Subject to subsections (d) and (e) of this section, before granting inspection of the part of a 9-1-1 communications record that depicts a victim, a custodian shall:
(1) within 30 days after receiving the request and if the custodian has contact information for the victim or victim’s representative, notify the victim or victim’s representative of the request;
(2) allow 10 days for a response from the victim or victim’s representative indicating that inspection may be contrary to the public interest; and
(3) consider any response received under item (2) of this subsection in determining whether to grant or deny the inspection.
(d) A custodian may redact the information described under subsection (c) of this section if a failure to do so would result in a constructive denial of the entire public record.
(e) A custodian shall allow inspection by the person in interest.