§ 4-356

Maryland § 4-356

• Jurisdiction: Maryland
• Article ggp: General Provisions
• Title: 4

Text

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

(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.