EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0281*
HOUSE BILL 281
E2 5lr1589
HB 572/24 – JUD (PRE–FILED) CF SB 146
By: Delegate Embry
Requested: October 31, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – Admission of Out–of–Court Statements – Assault in the 2
Second Degree 3
FOR the purpose of providing that under certain circumstances a certain statement made 4
by a certain declarant is not excluded by the hearsay rule during the trial of a 5
criminal case in which the defendant is charged with assault in the second degree; 6
and generally relating to the admission of out–of–court statements. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 10–901 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
10–901. 16
(a) During the trial of a criminal case in which the defendant is charged with a 17
felony OR AN ASSAULT IN THE SECOND DEGREE , a statement as defined in Maryland 18
Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party 19 2 HOUSE BILL 281
that has engaged in, directed, or conspired to commit wrongdoing that was intended to and 1
did procure the unavailability of the declarant of the statement, as defined in Maryland 2
Rule 5–804. 3
(b) Subject to subsection (c) of this section, before admitting a statement under 4
this section, the court shall hold a hearing outside the presence of the jury at which: 5
(1) The Maryland Rules of Evidence are strictly applied; and 6
(2) The court finds by a preponderance of the evidence that the party 7
against whom the statement is offered engaged in, directed, or conspired to commit the 8
wrongdoing that procured the unavailability of the declarant. 9
(c) A statement may not be admitted under this section unless: 10
(1) The statement was: 11
(i) Given under oath subject to the penalty of perjury at a trial, 12
hearing, or other proceeding or in a deposition; 13
(ii) Reduced to writing and signed by the declarant; or 14
(iii) Recorded in substantially verbatim fashion by stenographic or 15
electronic means contemporaneously with the making of the statement; and 16
(2) As soon as is practicable after the proponent of the statement learns 17
that the declarant will be unavailable, the proponent notifies the adverse party of: 18
(i) The intention to offer the statement; 19
(ii) The particulars of the statement; and 20
(iii) The identity of the witness through whom the statement will be 21
offered. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24