EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0677*
HOUSE BILL 677
E2 5lr0994
CF SB 298
By: Delegates Toles, Kaufman, Lehman, Schmidt, Taylor, and Woods
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Out of Court Statements – Vulnerable Adult Victims and 2
Witnesses 3
FOR the purpose of authorizing the court to admit into evidence in certain criminal 4
proceedings certain out of court statements made by a vulnerable adult victim or 5
witness under certain circumstances and subject to certain requirements; and 6
generally relating to the admissibility of out of court statements of vulnerable adult 7
victims and witnesses in criminal proceedings. 8
BY adding to 9
Article – Criminal Procedure 10
Section 11–305 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
11–305. 17
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “STATEMENT” MEANS: 20
(I) AN ORAL OR WRITTEN A SSERTION; OR 21
2 HOUSE BILL 677
(II) NONVERBAL CONDUCT IN TENDED AS AN ASSERTI ON, 1
INCLUDING SOUNDS, GESTURES, DEMONSTRATIONS , DRAWINGS, AND SIMILAR 2
ACTIONS. 3
(3) “VULNERABLE ADULT ” MEANS: 4
(I) AN ADULT WHO LACKS T HE PHYSICAL OR MENTA L CAPACITY 5
TO PROVIDE FOR THE A DULT’S DAILY NEEDS; OR 6
(II) A PERSON WHO IS AT L EAST 68 YEARS OF AGE. 7
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE 8
COURT MAY ADMIT INTO EVIDENCE IN A CRIMIN AL PROCEEDING AN OUT OF COURT 9
STATEMENT MADE BY A VULNERABLE ADULT VIC TIM OR WITNESS TO PR OVE THE 10
TRUTH OF THE MATTER ASSERTED IN THE STAT EMENT MADE , UNLESS THE SOURCE 11
OF THE INFORMATION O R METHOD OR CIRCUMST ANCES BY WHICH THE S TATEMENT 12
IS REPORTED INDICATE S A LACK OF TRUSTWOR THINESS. 13
(2) A COURT SHALL HOLD AN EVALUATION HEARING T O DETERMINE 14
IF THE TIME, CONTENT, AND CIRCUMSTANCES OF AN OUT OF COURT ST ATEMENT 15
MADE BY A VULNERABLE ADULT VICTIM OR WITN ESS PROVIDES PARTICU LARIZED 16
GUARANTEES OF TRUSTW ORTHINESS IF THE OUT OF COURT STATEMENT C ONCERNS: 17
(I) ASSAULT OR RECKLESS ENDANGERMENT UNDER §§ 3–202 18
THROUGH 3–204 OF THE CRIMINAL LAW ARTICLE; 19
(II) RAPE OR SEXUAL OFFENS ES UNDER §§ 3–303 THROUGH 20
3–308 OF THE CRIMINAL LAW ARTICLE; 21
(III) ATTEMPTED RAPE UNDER § 3–309 OR § 3–310 OF THE 22
CRIMINAL LAW ARTICLE; 23
(IV) ABUSE OR NEGLECT OF A VULNERABLE ADULT I N THE FIRST 24
OR SECOND DEGREE UND ER § 3–604 OR § 3–605 OF THE CRIMINAL LAW ARTICLE; 25
(V) THEFT UNDER § 7–104 OF THE CRIMINAL LAW ARTICLE; 26
(VI) IDENTITY FRAUD UNDER § 8–301 OF THE CRIMINAL LAW 27
ARTICLE; 28
(VII) FINANCIAL CRIMES AGA INST A VULNERABLE AD ULT UNDER 29
§ 8–801 OF THE CRIMINAL LAW ARTICLE; OR 30
HOUSE BILL 677 3
(VIII) A CRIME OF VIOLENCE AS DEFINED IN § 14–101 OF THE 1
CRIMINAL LAW ARTICLE. 2
(3) WHEN DETERMINING WHET HER AN OUT OF COURT STATEMENT BY 3
A VULNERABLE ADULT V ICTIM OR WITNESS PRO VIDES PARTICULARIZED 4
GUARANTEES OF TRUSTW ORTHINESS, THE COURT SHALL CONSIDER: 5
(I) THE VULNERABLE ADULT VICTIM’S OR WITNESS ’S 6
PERSONAL KNOWLEDGE O F THE EVENT; 7
(II) THE CERTAINTY THAT T HE STATEMENT WAS MAD E; 8
(III) THE CONTEXT IN WHICH THE STATEMENT WAS MA DE AND TO 9
WHOM; 10
(IV) THE MENTAL AND PHYSI CAL AGE AND COGNITIVE ABILITY 11
OF THE VULNERABLE AD ULT VICTIM OR WITNES S; 12
(V) ANY APPARENT MOTIVE TO FABRICATE A STATE MENT OR 13
PARTIALITY EXHIBITED BY THE VULNERABLE AD ULT VICTIM OR WITNES S, 14
INCLUDING INTEREST , BIAS, CORRUPTION , OR COERCION ; 15
(VI) WHETHER THE STA TEMENT WAS SPONTANEO US OR 16
DIRECTLY RESPONSIVE TO QUESTIONS; 17
(VII) THE TIMING OF THE ST ATEMENT; 18
(VIII) THE NATURE AND DURAT ION OF ANY ABUSE OR NEGLECT; 19
(IX) THE INNER CONSISTENC Y AND COHERENCE OF T HE 20
STATEMENT; 21
(X) WHETHER THE VULNERAB LE ADULT VICTIM OR WITNESS 22
WAS SUFFERING PAIN O R DISTRESS WHEN MAKI NG THE STATEMENT ; 23
(XI) WHETHER EXTRINSIC EV IDENCE EXISTS TO SHO W THE 24
DEFENDANT HAD AN OPP ORTUNITY TO COMMIT T HE ACT COMPLAINED OF IN THE 25
VULNERABLE ADULT VIC TIM’S OR WITNESS’S STATEMENT; 26
(XII) WHETHER THE STATEMEN T WAS SUGGESTED BY T HE USE OF 27
LEADING QUESTIONS ; AND 28
4 HOUSE BILL 677
(XIII) THE CREDIBILITY OF T HE PERSON TESTIFYING ABOUT THE 1
STATEMENT. 2
(C) UNDER THIS SECTION , AN OUT OF COURT STAT EMENT BY A 3
VULNERABLE ADULT VIC TIM OR WITNESS MAY C OME INTO EVIDENCE IN A CRIM INAL 4
PROCEEDING TO PROVE THE TRUTH OF THE MAT TER ASSERTED IN THE STATEMENT 5
IF: 6
(1) THE STATEMENT IS NOT ADMISSIBLE UNDER ANY OTHER HEARSAY 7
EXCEPTION; AND 8
(2) THE VULNERABLE ADULT VICTIM OR WITNESS TE STIFIES AT THE 9
EVALUATION HEARING. 10
(D) TO PROVIDE THE DEFEND ANT WITH AN OPPORTUN ITY TO PREPARE A 11
RESPONSE TO A STATEM ENT BY A VULNERABLE ADULT VICTIM OR WITN ESS, THE 12
STATE SHALL SERVE ON THE DEFENDANT AND TH E ATTORNEY FOR THE 13
DEFENDANT , WITHIN A REASONABLE TIME BEFORE THE COUR T PROCEEDING AND 14
AT LEAST 20 DAYS BEFORE THE CRIM INAL PROCEEDING IN W HICH THE STATEMENT 15
IS TO BE OFFERED INT O EVIDENCE, NOTICE OF: 16
(1) THE STATE’S INTENTION TO INTRO DUCE THE STATEMENT ; 17
(2) ANY AUDIO OR VISUAL RECORDING OF THE STA TEMENT; AND 18
(3) IF AN AUDIO OR A VISUAL RECORDING OF THE STA TEMENT IS NOT 19
AVAILABLE, THE CONTENT OF THE S TATEMENT. 20
(E) TESTIMONY BY A VULNER ABLE ADULT VICTIM OR WITNESS SHALL BE 21
ADMISSIBLE BY REMOTE ELECTRONIC PARTICIPA TION IN ACCORDANCE W ITH 22
MARYLAND RULES 21–101 THROUGH 21–301. 23
(F) THE COURT SHALL STATE ON THE RECORD SPECIF IC FINDINGS OF FACT 24
SUPPORTING ITS RULIN GS UNDER THIS SECTIO N. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27