DELEGATE MIKE MCDERMOTT PRESS RELEASE

‘Alex’s Law Passes in the House of Delegates’
(Annapolis) -- “This week Maryland took a step forward in protecting the rights of criminal victims and their families,” stated Delegate Mike McDermott (R - Worcester & Wicomico Counties) upon the passage of House Bill 1382 (“Motor Vehicle Accidents - Victim Impact Statement”) by the House Judiciary Committee. “Impact statements are often an important part of the emotional healing and recovery process for victims and their loved ones. Victim impact statements speak to the depth of the impact that a crime has on a victim - they provide a lot of information about the damage that the victim has had to endure. Many victims see these statements, the ability and opportunity to speak directly to the court, as a source of healing for themselves and their families.” noted Delegate McDermott. 
“This bill proposal comes directly from an actual case in Maryland where a victim was severely injured in an automobile accident, but because of the accident, the victim was injured beyond the ability to make a statement to the court. The mother was there to testify with the victim about the incident's impact, but they were not allowed to give the testimony because the defense objected to it and the judge didn’t find it practical to do so. The victim and the victim’s mother simply wanted the court to know the totality of the impact that the accident had on the victim’s life.” explained Delegate McDermott.
Though every state allows a court of law to hear written or oral testimony from the victim of a crime, some states, including Maryland, leave this option solely to the discretion of the judge. Delegate McDermott’s legislation, known as “Alex’s Law,” would shift the decision from the court to the victim, requiring the court, if practicable, to hear the victim’s testimony if the defendant is found guilty of causing a traffic accident. As Delegate McDermott explains, “All of our states allow victims to present victim impact statements to the court - but this right is limited to the discretion of the judge. A little over a third of states actually require the judge, if practicable, to allow the victim to address the court if the victim so chooses. Once HB1382 becomes effective, Maryland will be among the latter states. This is an opportunity for the victim to mitigate what they believe has been wrongly done to them and for there to be a full revelation of that to the trier of fact.” 

House Bill 1382 was passed unanimously by the Judiciary Committee on March 21st. It passed unanimously in the House of Delegates on March 23rd and awaits a vote in the Senate.