Maryland § 11-302

Full text of Maryland Maryland Code § 11-302, with citation guidance and answers to common questions.

§ 11-302.

    (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.

Frequently Asked Questions About Maryland § 11-302

What does Maryland Code § 11-302 cover?

Section 11-302 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 11-302?

A common citation format is "Maryland Code § 11-302" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 11-302 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.