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.
*hb0293*
HOUSE BILL 293
E2 5lr1800
HB 141/24 – JUD CF SB 274
By: Delegates Pippy and Simpson, Simpson, Pasteur, Schmidt, Simmons, Phillips,
Stinnett, Nkongolo, Arikan, Taylor, Grammer, Sample –Hughes, Conaway,
and Kaufman
Introduced and read first time: January 9, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – Child Victims – Testimony in Child Abuse Cases 2
FOR the purpose of altering a certain requirement under which a court is authorized to 3
order that the testimony of a child victim be taken outside a courtroom and shown 4
in the courtroom by closed circuit television in certain child abuse cases; and 5
generally relating to testimony of child victims. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 11–303 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Procedure 14
11–303. 15
(a) (1) This section applies to a case of abuse of a child under Title 5, Subtitle 16
7 of the Family Law Article or § 3–601 or § 3–602 of the Criminal Law Article. 17
2 HOUSE BILL 293
(2) THIS SECTION DOES NOT APPLY IF A DEFENDANT OR CHILD 1
RESPONDENT IS WITHOU T COUNSEL. 2
(b) A court may order that the testimony of a child victim be taken outside the 3
courtroom and shown in the courtroom by closed circuit television if: 4
(1) the court determines that testimony by the child victim in the presence 5
of a defendant or a child respondent will result in the child [victim’s] VICTIM suffering 6
serious emotional distress [such that the child victim cannot reasonably communicate]; 7
and 8
(2) the testimony is taken during the proceeding. 9
(c) (1) In determining whether testimony by the child victim in the presence 10
of the defendant or child respondent will result in the child [victim’s] VICTIM suffering 11
[such] serious emotional distress [that the child cannot reasonably communicate], the 12
court may: 13
(i) observe and question the child victim inside or outside the 14
courtroom; and 15
(ii) hear testimony of a parent or custodian of the child victim or 16
other person, including a person who has dealt with the child victim in a therapeutic 17
setting. 18
(2) (i) Except as provided in subparagraph (ii) of this paragraph, each 19
defendant or child respondent, one attorney for a defendant or child respondent, one 20
prosecuting attorney, and one attorney for the child victim may be present when the court 21
hears testimony on whether to allow a child victim to testify by closed circuit television. 22
(ii) If the court decides to observe or question the child victim in 23
connection with the determination to allow testimony by closed circuit television: 24
1. the court may not allow the defendant or child respondent 25
to be present; but 26
2. one attorney for each defendant or child respondent, one 27
prosecuting attorney, and one attorney for the child victim may be present. 28
(d) (1) IF THE CHILD VICTIM T ESTIFIES BY CLOSED C IRCUIT TELEVISION , 29
THE TESTIMONY SHALL BE GIVEN WITHIN THE COURTHOUSE IN A SETT ING THAT THE 30
COURT FINDS WILL REASONABLY MITI GATE THE LIKELIHOOD THAT THE CHILD 31
VICTIM WILL SUFFER E MOTIONAL DISTRESS . 32
(2) Only the following persons may be in the room with the child victim 33
when the child victim testifies by closed circuit television: 34 HOUSE BILL 293 3
(i) one prosecuting attorney; 1
(ii) one attorney for each defendant or child respondent; 2
(iii) one attorney for the child victim; 3
(iv) the operators of the closed circuit television equipment; and 4
(v) subject to the Maryland Rules, any person whose presence, in the 5
opinion of the court, contributes to the well–being of the child victim, including a person 6
who has dealt with the child victim in a therapeutic setting concerning the abuse. 7
(2) (3) During the child victim’s testimony by closed circuit television, 8
the court and the defendant or child respondent shall be in the courtroom. 9
(3) (4) (I) [The] SUBJECT TO SUBSECTION (F) OF THIS SECTION, 10
THE court and the defendant or child respondent shall be allowed to communicate with the 11
persons in the room where the child victim is testifying by any appropriate electronic 12
method. 13
(II) THE DEFENDANT OR CHIL D RESPONDENT SHALL H AVE A 14
MEANS OF PRIVATELY COMMUNICATING ORALLY AND IN REAL TIME WIT H THE 15
ATTORNEY FOR THE DEF ENDANT OR CHILD RESP ONDENT WHO IS IN THE ROOM 16
WHERE THE CHILD VICT IM IS TESTIFYING. 17
(4) (5) (i) In a juvenile delinquency proceeding or criminal 18
proceeding, only one prosecuting attorney, one attorney for each defendant or child 19
respondent, and the court may question the child victim. 20
(ii) In a child in need of assistance case, only one attorney for each 21
party and the court may question the child victim. 22
(e) [This section does not apply if a defendant or child respondent is without 23
counsel. 24
(f)] This section may not be interpreted to prevent a child victim and a defendant 25
or child respondent from being in the courtroom at the same time when the child victim is 26
asked to identify the defendant or child respondent. 27
[(g)] (F) [This section does not allow] UNDER THIS SECTION , A COURT MAY 28
NOT ORDER the use of two–way closed circuit television or other procedure that would let 29
a child victim see or hear a defendant or child respondent. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2025. 32