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Thursday, January 16, 2014

‘Alex’s Law To Be Heard In House Judiciary’

(Annapolis) -- Seeking to enhance the right of crime victims to deliver impact statements in court, Delegate Mike McDermott (R- Worcester & Wicomico) is pleased to present HB31 “Alex’s Law” before the House Judiciary Committee on Thursday. Alex’s Law allows the victim of a crime or, in cases where the victim is unable to testify, the victim’s representative, to address the court at the sentencing hearing.

“HB 31 insures that victims have the opportunity to be heard. For the victims of violent crimes the opportunity to briefly speak before a court and describe the impact on their lives can help them find resolution and move on with their lives.” said Delegate McDermott.

Under current law, the court “may” allow victim impact statements, but some victims find themselves denied the opportunity by courts without an explanation. Alex’s Law changes the language to “shall,” using the stronger language to clarify the legislature’s intent and change the norm while still allowing a judge discretion to deny victim impact statements when allowing such statements would be unpractical.

Referencing an actual case in Maryland where a victim’s mother was not permitted to testify on her injured son’s behalf, Delegate McDermott stated, “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. This was wrongly denied and should not happen to anyone.”

Delegate McDermott will be joined by members of Maryland’s victims advocate community in support of the bill this Thursday. The legislation passed unanimously in the House as HB1382 in 2013 before being stalled in the Senate at the close of session. Delegate McDermott looks forward to full passage this year. “This is about ensuring that our families have the opportunity to speak in the courts, especially when a crime has unduly changed their lives for the worse” concluded McDermott.

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