EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*hb0442*
HOUSE BILL 442
E2 5lr1784
CF SB 333
By: Delegates Simpson, Acevero, Bouchat, Fair, Kerr, Miller, and Tomlinson
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Criminal Procedure – Victims and Witnesses – Out of Court Statement of Child 2
to Forensic Interviewer 3
FOR the purpose of expanding a certain evidentiary rule to render admissible an out of 4
court statement made by a child victim or witness to a certain forensic interviewer 5
subject to certain requirements; and generally relating to out of court statements by 6
child victims and witnesses. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 11–304 10
Annotated Code of Maryland 11
(2018 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 – Criminal Procedure 15
11–304. 16
(a) (1) In this section[, “statement”] THE FOLLOWING WORDS HAVE THE 17
MEANINGS INDICATED . 18
(2) “FORENSIC INTERVIEWER ” MEANS A PROFESSIONAL WHO : 19 2 HOUSE BILL 442
(I) IS TRAINED IN CHILD FORENSIC INTERVIEWIN G PROTOCOL S 1
AND TECHNIQUES THAT ALLOW FOR NEUTRAL , LEGALLY SOUND , NONLEADING , AND 2
DEVELOPMENTALLY APPR OPRIATE INTERVIEWS W ITH CHILDREN TO GATH ER 3
INFORMATION WITHOUT INFLUENCING THE INFORMATION PROV IDED BY THE 4
CHILD; 5
(II) IS NOT A LAW ENFORCE MENT OFFICER ; AND 6
(III) IS EMPLOYED BY OR WO RKS UNDER CONTRACT W ITH A 7
CHILD ADVOCACY CENTE R AS DEFINED IN § 13–2201 OF THE HEALTH – GENERAL 8
ARTICLE, OR AN ENTITY IN ANOTHER JURISDICT ION THAT WOULD QUALIFY AS A 9
CHILD ADVOCACY CENTE R IN THE STATE. 10
(3) “STATEMENT” means: 11
[(1)] (I) an oral or written assertion; or 12
[(2)] (II) nonverbal conduct intended as an assertion, including sounds, 13
gestures, demonstrations, drawings, and similar actions. 14
(b) Subject to subsections (c), (d), and (e) of this section, the court may admit into 15
evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement 16
to prove the truth of the matter asserted in the statement made by a child victim or witness 17
who: 18
(1) (i) is under the age of 13 years; and 19
(ii) is an alleged victim or a child alleged to need assistance in the 20
case before the court concerning: 21
1. child abuse under § 3–601 or § 3–602 of the Criminal Law 22
Article; 23
2. rape or sexual offense under §§ 3–303 through 3–307 of 24
the Criminal Law Article; 25
3. attempted rape in the first or second degree under §§ 26
3–309 and 3–310 of the Criminal Law Article; 27
4. in a juvenile court proceeding, abuse or neglect as defined 28
in § 5–701 of the Family Law Article; or 29
5. neglect of a minor under § 3–602.1 of the Criminal Law 30
Article; or 31
HOUSE BILL 442 3
(2) (i) is under the age of 13 years; and 1
(ii) is an alleged victim or a witness in a case before the court 2
concerning a crime of violence as defined under § 14–101 of the Criminal Law Article. 3
(c) An out of court statement may be admissible under this section only if the 4
statement was made to and is offered by a person acting lawfully in the course of the 5
person’s profession when the statement was made who is: 6
(1) a physician; 7
(2) a psychologist; 8
(3) a nurse; 9
(4) a social worker; 10
(5) a principal, vice principal, teacher, or school counselor at a public or 11
private preschool, elementary school, or secondary school; 12
(6) a counselor licensed or certified in accordance with Title 17 of the 13
Health Occupations Article; [or] 14
(7) a therapist licensed or certified in accordance with Title 17 of the 15
Health Occupations Article; OR 16
(8) A FORENSIC INTERVIEW ER. 17
(d) (1) Under this section, an out of court statement by a child victim or 18
witness may come into evidence in a criminal proceeding or in a juvenile court proceeding 19
other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts 20
Article to prove the truth of the matter asserted in the statement: 21
(i) if the statement is not admissible under any other hearsay 22
exception; and 23
(ii) if the child victim or witness testifies. 24
(2) (i) In a child in need of assistance proceeding in the juvenile court 25
under Title 3, Subtitle 8 of the Courts Article, an out of court statement by a child victim 26
may come into evidence to prove the truth of the matter asserted in the statement: 27
1. if the statement is not admissible under any other hearsay 28
exception; and 29
2. regardless of whether the child victim testifies. 30
4 HOUSE BILL 442
(ii) If the child victim does not testify, the child victim’s out of court 1
statement will be admissible only if there is corroborative evidence that the alleged offender 2
had the opportunity to commit the alleged abuse or neglect. 3
(3) To provide the defendant, child respondent, or alleged offender with an 4
opportunity to prepare a response to the statement, the prosecuting attorney shall serve on 5
the defendant, child respondent, or alleged offender and the attorney for the defendant, 6
child respondent, or alleged offender within a reasonable time before the juvenile court 7
proceeding and at least 20 days before the criminal proceeding in which the statement is to 8
be offered into evidence, notice of: 9
(i) the State’s intention to introduce the statement; 10
(ii) any audio or visual recording of the statement; and 11
(iii) if an audio or visual recording of the statement is not available, 12
the content of the statement. 13
(4) (i) The defendant, child respondent, or alleged offender may depose 14
a witness who will testify under this section. 15
(ii) Unless the State and the defendant, child respondent, or alleged 16
offender agree or the court orders otherwise, the defendant, child respondent, or alleged 17
offender shall file a notice of deposition: 18
1. in a criminal proceeding, at least 5 days before the date of 19
the deposition; or 20
2. in a juvenile court proceeding, within a reasonable time 21
before the date of the deposition. 22
(iii) Except where inconsistent with this paragraph, Maryland Rule 23
4–261 applies to a deposition taken under this paragraph. 24
(e) (1) A child victim’s or witness’s out of court statement is admissible under 25
this section only if the statement has particularized guarantees of trustworthiness. 26
(2) To determine whether the statement has particularized guarantees of 27
trustworthiness under this section, the court shall consider, but is not limited to, the 28
following factors: 29
(i) the child victim’s or witness’s personal knowledge of the event; 30
(ii) the certainty that the statement was made; 31
(iii) any apparent motive to fabricate or exhibit partiality by the child 32
victim or witness, including interest, bias, corruption, or coercion; 33 HOUSE BILL 442 5
(iv) whether the statement was spontaneous or directly responsive to 1
questions; 2
(v) the timing of the statement; 3
(vi) whether the child victim’s or witness’s young age makes it 4
unlikely that the child victim or witness fabricated the statement that represents a graphic, 5
detailed account beyond the child victim’s or witness’s expected knowledge and experience; 6
(vii) the appropriateness of the terminology of the statement to the 7
child victim’s or witness’s age; 8
(viii) the nature and duration of the abuse or neglect; 9
(ix) the inner consistency and coherence of the statement; 10
(x) whether the child victim or witness was suffering pain or distress 11
when making the statement; 12
(xi) whether extrinsic evidence exists to show the defendant or child 13
respondent had an opportunity to commit the act complained of in the child victim’s or 14
witness’s statement; 15
(xii) whether the statement was suggested by the use of leading 16
questions; and 17
(xiii) the credibility of the person testifying about the statement. 18
(f) In a hearing outside of the presence of the jury or before the juvenile court 19
proceeding, the court shall: 20
(1) make a finding on the record as to the specific guarantees of 21
trustworthiness that are in the statement; and 22
(2) determine the admissibility of the statement. 23
(g) (1) In making a determination under subsection (f) of this section, the court 24
shall examine the child victim or witness in a proceeding in the judge’s chambers, the 25
courtroom, or another suitable location that the public may not attend unless: 26
(i) the child victim or witness: 27
1. is deceased; or 28
6 HOUSE BILL 442
2. is absent from the jurisdiction for good cause shown or the 1
State has been unable to procure the child victim’s or witness’s presence by subpoena or 2
other reasonable means; or 3
(ii) the court determines that an audio or visual recording of the 4
child victim’s or witness’s statement makes an examination of the child victim or witness 5
unnecessary. 6
(2) Except as provided in paragraph (3) of this subsection, any defendant 7
or child respondent, attorney for a defendant or child respondent, and the prosecuting 8
attorney may be present when the court hears testimony on whether to admit into evidence 9
the out of court statement of a child victim or witness under this section. 10
(3) When the court examines the child victim or witness as paragraph (1) 11
of this subsection requires: 12
(i) one attorney for each defendant or child respondent, one attorney 13
for the child victim or witness, and one prosecuting attorney may be present at the 14
examination; and 15
(ii) the court may not allow a defendant or child respondent to be 16
present at the examination. 17
(h) (1) This section does not limit the admissibility of a statement under any 18
other applicable hearsay exception or rule of evidence. 19
(2) This section does not prohibit the court in a juvenile court proceeding 20
from hearing testimony in the judge’s chambers. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 22
October 1, 2025. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.