§ 9-304. Court to prevent intimidation of victim or witness

   (a) In general. -- A finding of good cause under this section may be based on any relevant evidence including credible hearsay.

(b) Good cause. --

   (1) For good cause shown, a court with jurisdiction over a criminal matter or juvenile delinquency case may pass an order that is reasonably necessary to stop or prevent:

      (i) the intimidation of a victim or witness; or

      (ii) a violation of this subtitle.

   (2) The order may:

      (i) prohibit a person from violating this subtitle;

      (ii) require an individual to maintain a certain physical distance from another person specified by the court;

      (iii) prohibit a person from communicating with another individual specified by the court, except through an attorney or other individual specified by the court; and

      (iv) impose other reasonable conditions to ensure the safety of a victim or witness.

   (3) The court may hold a hearing to determine if an order should be issued under this subsection.

(c) Enforcement. --

   (1) The court may use its contempt power to enforce an order issued under this section.

   (2) The court may revoke the pretrial release of a defendant or child respondent to ensure the safety of a victim or witness or the integrity of the judicial process if the defendant or child respondent violates an order passed under this section.

(d) Conditions of pretrial release. -- A District Court commissioner or an intake officer, as defined in § 3-8A-01 of the Courts Article, may impose for good cause shown a condition described in subsection (b)(2) of this section as a condition of the pretrial release of a defendant or child respondent.

HISTORY: An. Code 1957, art. 27, § 760(b), 763; 2002, ch. 26, § 2.