EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0146*
SENATE BILL 146
E2 5lr1289
SB 424/24 – JPR (PRE–FILED) CF HB 281
By: Senator James
Requested: October 21, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
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
that has engaged in, directed, or conspired to commit wrongdoing that was intended to and 20
did procure the unavailability of the declarant of the statement, as defined in Maryland 21
Rule 5–804. 22
(b) Subject to subsection (c) of this section, before admitting a statement under 23 2 SENATE BILL 146
this section, the court shall hold a hearing outside the presence of the jury at which: 1
(1) The Maryland Rules of Evidence are strictly applied; and 2
(2) The court finds by a preponderance of the evidence that the party 3
against whom the statement is offered engaged in, directed, or conspired to commit the 4
wrongdoing that procured the unavailability of the declarant. 5
(c) A statement may not be admitted under this section unless: 6
(1) The statement was: 7
(i) Given under oath subject to the penalty of perjury at a trial, 8
hearing, or other proceeding or in a deposition; 9
(ii) Reduced to writing and signed by the declarant; or 10
(iii) Recorded in substantially verbatim fashion by stenographic or 11
electronic means contemporaneously with the making of the statement; and 12
(2) As soon as is practicable after the proponent of the statement learns 13
that the declarant will be unavailable, the proponent notifies the adverse party of: 14
(i) The intention to offer the statement; 15
(ii) The particulars of the statement; and 16
(iii) The identity of the witness through whom the statement will be 17
offered. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20