| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0281* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 281 | |
| 11 | 8 | E2 5lr1589 | |
| 12 | 9 | HB 572/24 – JUD (PRE–FILED) CF SB 146 | |
| 13 | 10 | By: Delegate Embry | |
| 14 | 11 | Requested: October 31, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Judiciary | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 22, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Criminal Procedure – Admission of Out–of–Court Statements – Assault in the 2 | |
| 26 | 20 | Second Degree 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of providing that under certain circumstances a certain statement made 4 | |
| 29 | 23 | by a certain declarant is not excluded by the hearsay rule during the trial of a 5 | |
| 30 | 24 | criminal case in which the defendant is charged with assault in the second degree; 6 | |
| 31 | 25 | and generally relating to the admission of out–of–court statements. 7 | |
| 32 | 26 | ||
| 33 | 27 | BY repealing and reenacting, with amendments, 8 | |
| 34 | 28 | Article – Courts and Judicial Proceedings 9 | |
| 35 | 29 | Section 10–901 10 | |
| 36 | 30 | Annotated Code of Maryland 11 | |
| 37 | 31 | (2020 Replacement Volume and 2024 Supplement) 12 | |
| 38 | 32 | ||
| 39 | 33 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 40 | 34 | That the Laws of Maryland read as follows: 14 | |
| 41 | 35 | ||
| 42 | 36 | Article – Courts and Judicial Proceedings 15 | |
| 43 | 37 | ||
| 44 | 38 | 10–901. 16 | |
| 45 | 39 | ||
| 46 | 40 | (a) During the trial of a criminal case in which the defendant is charged with a 17 | |
| 47 | 41 | felony OR AN ASSAULT IN THE SECOND DEGREE , a statement as defined in Maryland 18 | |
| 48 | - | Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party 19 2 HOUSE BILL 281 | |
| 42 | + | Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party 19 | |
| 43 | + | that has engaged in, directed, or conspired to commit wrongdoing that was intended to and 20 | |
| 44 | + | did procure the unavailability of the declarant of the statement, as defined in Maryland 21 | |
| 45 | + | Rule 5–804. 22 | |
| 46 | + | ||
| 47 | + | (b) Subject to subsection (c) of this section, before admitting a statement under 23 2 HOUSE BILL 281 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | that has engaged in, directed, or conspired to commit wrongdoing that was intended to and 1 | |
| 52 | - | did procure the unavailability of the declarant of the statement, as defined in Maryland 2 | |
| 53 | - | Rule 5–804. 3 | |
| 50 | + | this section, the court shall hold a hearing outside the presence of the jury at which: 1 | |
| 54 | 51 | ||
| 55 | - | (b) Subject to subsection (c) of this section, before admitting a statement under 4 | |
| 56 | - | this section, the court shall hold a hearing outside the presence of the jury at which: 5 | |
| 52 | + | (1) The Maryland Rules of Evidence are strictly applied; and 2 | |
| 57 | 53 | ||
| 58 | - | (1) The Maryland Rules of Evidence are strictly applied; and 6 | |
| 54 | + | (2) The court finds by a preponderance of the evidence that the party 3 | |
| 55 | + | against whom the statement is offered engaged in, directed, or conspired to commit the 4 | |
| 56 | + | wrongdoing that procured the unavailability of the declarant. 5 | |
| 59 | 57 | ||
| 60 | - | (2) The court finds by a preponderance of the evidence that the party 7 | |
| 61 | - | against whom the statement is offered engaged in, directed, or conspired to commit the 8 | |
| 62 | - | wrongdoing that procured the unavailability of the declarant. 9 | |
| 58 | + | (c) A statement may not be admitted under this section unless: 6 | |
| 63 | 59 | ||
| 64 | - | ( | |
| 60 | + | (1) The statement was: 7 | |
| 65 | 61 | ||
| 66 | - | (1) The statement was: 11 | |
| 62 | + | (i) Given under oath subject to the penalty of perjury at a trial, 8 | |
| 63 | + | hearing, or other proceeding or in a deposition; 9 | |
| 67 | 64 | ||
| 68 | - | (i) Given under oath subject to the penalty of perjury at a trial, 12 | |
| 69 | - | hearing, or other proceeding or in a deposition; 13 | |
| 65 | + | (ii) Reduced to writing and signed by the declarant; or 10 | |
| 70 | 66 | ||
| 71 | - | (ii) Reduced to writing and signed by the declarant; or 14 | |
| 67 | + | (iii) Recorded in substantially verbatim fashion by stenographic or 11 | |
| 68 | + | electronic means contemporaneously with the making of the statement; and 12 | |
| 72 | 69 | ||
| 73 | - | ( | |
| 74 | - | ||
| 70 | + | (2) As soon as is practicable after the proponent of the statement learns 13 | |
| 71 | + | that the declarant will be unavailable, the proponent notifies the adverse party of: 14 | |
| 75 | 72 | ||
| 76 | - | (2) As soon as is practicable after the proponent of the statement learns 17 | |
| 77 | - | that the declarant will be unavailable, the proponent notifies the adverse party of: 18 | |
| 73 | + | (i) The intention to offer the statement; 15 | |
| 78 | 74 | ||
| 79 | - | ( | |
| 75 | + | (ii) The particulars of the statement; and 16 | |
| 80 | 76 | ||
| 81 | - | (ii) The particulars of the statement; and 20 | |
| 77 | + | (iii) The identity of the witness through whom the statement will be 17 | |
| 78 | + | offered. 18 | |
| 82 | 79 | ||
| 83 | - | (iii) The identity of the witness through whom the statement will be 21 | |
| 84 | - | offered. 22 | |
| 85 | - | ||
| 86 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
| 87 | - | October 1, 2025. 24 | |
| 80 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 | |
| 81 | + | October 1, 2025. 20 | |
| 88 | 82 | ||
| 89 | 83 |