EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 333
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By: Senator West
Introduced and read first time: January 15, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
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
(I) IS TRAINED IN CHILD FORENSIC INTERVIEWIN G PROTOCOLS 20
AND TECHNIQUES THAT ALLOW FOR NEUTRAL , LEGALLY SOUND , NONLEADING , AND 21
DEVELOPMENTAL LY APPROPRIATE INTER VIEWS WITH CHILDREN TO GATHER 22 2 SENATE BILL 333
INFORMATION WITHOUT INFLUENCING THE INFO RMATION PROVIDED BY THE 1
CHILD; 2
(II) IS NOT A LAW ENFORCE MENT OFFICER ; AND 3
(III) IS EMPLOYED BY OR WO RKS UNDER CONTRACT W ITH A 4
CHILD ADVOCACY CENTE R AS DEFINED IN § 13–2201 OF THE HEALTH – GENERAL 5
ARTICLE, OR AN ENTITY IN ANOT HER JURISDICTION THA T WOULD QUALIFY AS A 6
CHILD ADVOCACY CENTE R IN THE STATE. 7
(3) “STATEMENT” means: 8
[(1)] (I) an oral or written assertion; or 9
[(2)] (II) nonverbal conduct intended as an assertion, including sounds, 10
gestures, demonstrations, drawings, and similar actions. 11
(b) Subject to subsections (c), (d), and (e) of this section, the court may admit into 12
evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement 13
to prove the truth of the matter asserted in the statement made by a child victim or witness 14
who: 15
(1) (i) is under the age of 13 years; and 16
(ii) is an alleged victim or a child alleged to need assistance in the 17
case before the court concerning: 18
1. child abuse under § 3–601 or § 3–602 of the Criminal Law 19
Article; 20
2. rape or sexual offense under §§ 3–303 through 3–307 of 21
the Criminal Law Article; 22
3. attempted rape in the first or second degree under §§ 23
3–309 and 3–310 of the Criminal Law Article; 24
4. in a juvenile court proceeding, abuse or neglect as defined 25
in § 5–701 of the Family Law Article; or 26
5. neglect of a minor under § 3–602.1 of the Criminal Law 27
Article; or 28
(2) (i) is under the age of 13 years; and 29
(ii) is an alleged victim or a witness in a case before the court 30
concerning a crime of violence as defined under § 14–101 of the Criminal Law Article. 31 SENATE BILL 333 3
(c) An out of court statement may be admissible under this section only if the 1
statement was made to and is offered by a person acting lawfully in the course of the 2
person’s profession when the statement was made who is: 3
(1) a physician; 4
(2) a psychologist; 5
(3) a nurse; 6
(4) a social worker; 7
(5) a principal, vice principal, teacher, or school counselor at a public or 8
private preschool, elementary school, or secondary school; 9
(6) a counselor licensed or certified in accordance with Title 17 of the 10
Health Occupations Article; [or] 11
(7) a therapist licensed or certified in accordance with Title 17 of the 12
Health Occupations Article; OR 13
(8) A FORENSIC INTERVIEW ER. 14
(d) (1) Under this section, an out of court statement by a child victim or 15
witness may come into evidence in a criminal proceeding or in a juvenile court proceeding 16
other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts 17
Article to prove the truth of the matter asserted in the statement: 18
(i) if the statement is not admissible under any other hearsay 19
exception; and 20
(ii) if the child victim or witness testifies. 21
(2) (i) In a child in need of assistance proceeding in the juvenile court 22
under Title 3, Subtitle 8 of the Courts Article, an out of court statement by a child victim 23
may come into evidence to prove the truth of the matter asserted in the statement: 24
1. if the statement is not admissible under any other hearsay 25
exception; and 26
2. regardless of whether the child victim testifies. 27
(ii) If the child victim does not testify, the child victim’s out of court 28
statement will be admissible only if there is corroborative evidence that the alleged offender 29
had the opportunity to commit the alleged abuse or neglect. 30
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(3) To provide the defendant, child respondent, or alleged offender with an 1
opportunity to prepare a response to the statement, the prosecuting attorney shall serve on 2
the defendant, child respondent, or alleged offender and the attorney for the defendant, 3
child respondent, or alleged offender within a reasonable time before the juvenile court 4
proceeding and at least 20 days before the criminal proceeding in which the statement is to 5
be offered into evidence, notice of: 6
(i) the State’s intention to introduce the statement; 7
(ii) any audio or visual recording of the statement; and 8
(iii) if an audio or visual recording of the statement is not available, 9
the content of the statement. 10
(4) (i) The defendant, child respondent, or alleged offender may depose 11
a witness who will testify under this section. 12
(ii) Unless the State and the defendant, child respondent, or alleged 13
offender agree or the court orders otherwise, the defendant, child respondent, or alleged 14
offender shall file a notice of deposition: 15
1. in a criminal proceeding, at least 5 days before the date of 16
the deposition; or 17
2. in a juvenile court proceeding, within a reasonable time 18
before the date of the deposition. 19
(iii) Except where inconsistent with this paragraph, Maryland Rule 20
4–261 applies to a deposition taken under this paragraph. 21
(e) (1) A child victim’s or witness’s out of court statement is admissible under 22
this section only if the statement has particularized guarantees of trustworthiness. 23
(2) To determine whether the statement has particularized guarantees of 24
trustworthiness under this section, the court shall consider, but is not limited to, the 25
following factors: 26
(i) the child victim’s or witness’s personal knowledge of the event; 27
(ii) the certainty that the statement was made; 28
(iii) any apparent motive to fabricate or exhibit partiality by the child 29
victim or witness, including interest, bias, corruption, or coercion; 30
(iv) whether the statement was spontaneous or directly responsive to 31
questions; 32
SENATE BILL 333 5
(v) the timing of the statement; 1
(vi) whether the child victim’s or witness’s young age makes it 2
unlikely that the child victim or witness fabricated the statement that represents a graphic, 3
detailed account beyond the child victim’s or witness’s expected knowledge and experience; 4
(vii) the appropriateness of the terminology of the statement to the 5
child victim’s or witness’s age; 6
(viii) the nature and duration of the abuse or neglect; 7
(ix) the inner consistency and coherence of the statement; 8
(x) whether the child victim or witness was suffering pain or distress 9
when making the statement; 10
(xi) whether extrinsic evidence exists to show the defendant or child 11
respondent had an opportunity to commit the act complained of in the child victim’s or 12
witness’s statement; 13
(xii) whether the statement was suggested by the use of leading 14
questions; and 15
(xiii) the credibility of the person testifying about the statement. 16
(f) In a hearing outside of the presence of the jury or before the juvenile court 17
proceeding, the court shall: 18
(1) make a finding on the record as to the specific guarantees of 19
trustworthiness that are in the statement; and 20
(2) determine the admissibility of the statement. 21
(g) (1) In making a determination under subsection (f) of this section, the court 22
shall examine the child victim or witness in a proceeding in the judge’s chambers, the 23
courtroom, or another suitable location that the public may not attend unless: 24
(i) the child victim or witness: 25
1. is deceased; or 26
2. is absent from the jurisdiction for good cause shown or the 27
State has been unable to procure the child victim’s or witness’s presence by subpoena or 28
other reasonable means; or 29
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(ii) the court determines that an audio or visual recording of the 1
child victim’s or witness’s statement makes an examination of the child victim or witness 2
unnecessary. 3
(2) Except as provided in paragraph (3) of this subsection, any defendant 4
or child respondent, attorney for a defendant or child respondent, and the prosecuting 5
attorney may be present when the court hears testimony on whether to admit into evidence 6
the out of court statement of a child victim or witness under this section. 7
(3) When the court examines the child victim or witness as paragraph (1) 8
of this subsection requires: 9
(i) one attorney for each defendant or child respondent, one attorney 10
for the child victim or witness, and one prosecuting attorney may be present at the 11
examination; and 12
(ii) the court may not allow a defendant or child respondent to be 13
present at the examination. 14
(h) (1) This section does not limit the admissibility of a statement under any 15
other applicable hearsay exception or rule of evidence. 16
(2) This section does not prohibit the court in a juvenile court proceeding 17
from hearing testimony in the judge’s chambers. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20