In this subtitle, “victim’s representative” means: a member of the victim’s immediate family; or another family member, the personal representative, or guardian of the victim if the victim is: deceased; under a mental, physical, or legal disability; or otherwise unable to provide the required information.

A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if: the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or the defendant caused serious physical injury or death to the victim in committing a misdemeanor. If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules. The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim’s right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article. This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court. The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article. The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title. A victim impact statement for a crime or delinquent act shall: identify the victim; itemize any economic loss suffered by the victim; identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury; describe any change in the victim’s personal welfare or familial relationships; identify any request for psychological services initiated by the victim or the victim’s family; identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent, including a request for electronic monitoring or electronic monitoring with victim stay–away alert technology; and contain any other information related to the impact on the victim or the victim’s family that the court requires. If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim’s representative.

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. In the sentencing or disposition hearing the court, 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: at the request of the prosecuting attorney; at the request of the victim or the victim’s representative; or if the victim has filed a notification request form under § 11–104 of this title. 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. The cross–examination is limited to the factual statements made to the court. A victim or the victim’s representative has the right not to address the court at the sentencing or disposition hearing. A person may not attempt to coerce a victim or the victim’s representative to address the court at the sentencing or disposition hearing. 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: the victim or victim’s representative was contacted by the prosecuting attorney and waived the right to attend the hearing; 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 the victim or victim’s representative has not filed a notification request form under § 11–104 of this title. 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. 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.