Current with changes from the 2024 Legislative Session
Section 4-356 - Inspection of 9-1-1 communications record that depicts victim(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.Added by 2019 Md. Laws, Ch. 297,Sec. 1, eff. 10/1/2019.