Section 11-111 - Hearing. - Maryland Statutes

§ 11-111. Hearing.
 

(a)  Required before testing.-  

(1) Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim's representative and the person charged with a prohibited exposure have the right to be present. 

(2) The victim or victim's representative and the person charged with a prohibited exposure shall be notified of: 

(i) the date, time, and location of the hearing; and 

(ii) their right to be present at the hearing. 

(b)  Admissible evidence.- During the hearing, a court may admit into evidence only affidavits, counter-affidavits, and medical records that: 

(1) relate to the material facts of the case; and 

(2) support or rebut a finding of probable cause to issue a court order. 

(c)  Request to be filed and sealed.- The written request of the victim or victim's representative shall be filed by the State's Attorney with the court and sealed by the court. 

(d)  Time limitations.- Except for good cause, the court shall: 

(1) hold the hearing within 30 days of the State's Attorney's presentment of the victim's written request to the court; and 

(2) issue an order granting or denying the request within 3 days of the conclusion of the hearing. 
 

[An. Code 1957, art. 27, § 855(c)(2), (3), (4); 2001, ch. 10, § 2; ch. 35; 2005, ch. 252.]