(ANNAPOLIS) House Bill 31 “Alex’s Law,” sponsored by Delegate Mike McDermott (R-Worcester & Wicomico Counties), passed unanimously in the House today. The bill, which codifies the right of crime victims to deliver impact statements in court, was initiated after a Maryland mother was denied the opportunity to address the court on behalf of her son, the victim of a car accident that led to brain injuries and ultimately his death.
“Alex’s mother simply wanted the opportunity to tell the court what happened on that day her son’s life was transformed forever. Being permitted to personally express how the crime had impacted her family would have been an important milestone in her healing process,” said Delegate McDermott, who is once again sponsoring the bill after it stalled in the Senate at the close of last session. With the addition of a Senate cross-file with bipartisan support, the bill has gained more traction this session, and McDermott looks forward to full passage.
Under current law, courts “may” allow victim impact statements at sentencing hearings, but some victims find themselves denied the opportunity by courts without an explanation. Alex’s Law changes the language to “shall,” using the stronger wording 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.
McDermott hopes that the modified language will ensure that victims and their representatives are allowed begin their resolution process in the courtroom.“When someone and their loved ones have suffered from a life altering crime, whether in an alcohol related vehicular accident or a domestic case, they deserve the right to formally express how that experience has affected them. Alex’s Law is about making sure that the victim’s right to speak is universally upheld in Maryland” concluded Delegate McDermott.
The Senate version of House Bill 31, Senate Bill 272, awaits a vote in the Senate Judicial Proceedings Committee.
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