EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 298
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By: Senator Waldstreicher
Introduced and read first time: January 10, 2025
Assigned to: Judicial Proceedings
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
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(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 VICTIM OR WITNESS TO PROVE 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 INDICATES A LACK OF TRUSTWORTHINESS . 13
(2) A COURT SHALL HOLD AN EVALUATION HEARING T O DETERMINE 14
IF THE TIME, CONTENT, AND CIRCUMSTANCES OF AN OUT OF COURT STAT EMENT 15
MADE BY A VULNERABLE ADULT VICTIM OR WITNESS PROVIDES PARTICULARI ZED 16
GUARANTEES OF TRUSTW ORTHINESS IF THE OUT OF COURT STATEMENT CONCERNS: 17
(I) ASSAULT OR RECKLESS ENDANGERMENT UNDER §§ 3–202 18
THROUGH 3–204 OF THE CRIMINAL LAW ARTICLE; 19
(II) RAPE OR SEXUAL OFFENSES 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 IN THE FIRST 24
OR SECOND DEGREE UNDER § 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 ADULT UND ER 29
§ 8–801 OF THE CRIMINAL LAW ARTICLE; OR 30
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(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 TRUSTWORTHINESS , THE COURT SHALL CONSI DER: 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 STATEME NT WAS MADE AND TO 9
WHOM; 10
(IV) THE MENTAL AND PHYSI CAL AGE AND COGNITIV E ABILITY 11
OF THE VULNERABLE AD ULT VICTIM OR WITNESS ; 12
(V) ANY APPARENT MOTIVE TO FABRICATE A STATEMENT OR 13
PARTIALITY EXHIBITED BY THE VULNERABLE AD ULT VICTIM OR WITNES S, 14
INCLUDING INTEREST , BIAS, CORRUPTION , OR COERCION ; 15
(VI) WHETHER THE STATEMEN T WAS SPONTANEOUS 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 W ITNESS 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 OPPOR TUNITY TO COMMIT THE 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
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(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 VICTIM OR WITNESS MAY COME INTO EVIDEN CE IN A CRIMINAL 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 OPPORTUNITY TO PR EPARE A 11
RESPONSE TO A STATEMENT BY A VULNERABLE ADUL T VICTIM OR WITNESS , THE 12
STATE SHALL SERVE ON THE D EFENDANT AND THE ATT ORNEY 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 INTO EVIDENC E, 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 STATEMENT 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 SPECIFIC FINDINGS OF FACT 24
SUPPORTING ITS RULINGS UNDER TH IS SECTION. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27