MD
Maryland Senate Bill SB333

Maryland 2025 Regular Session

Maryland Senate Bill SB333 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0333*
96
107 SENATE BILL 333
118 E2 5lr1785
12- CF HB 442
13-By: Senator West Senators West and Folden
9+ CF 5lr1784
10+By: Senator West
1411 Introduced and read first time: January 15, 2025
1512 Assigned to: Judicial Proceedings
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 8, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Criminal Procedure – Victims and Witnesses – Out of Court Statement of Child 2
2519 to Forensic Interviewer 3
2620
2721 FOR the purpose of expanding a certain evidentiary rule to render admissible an out of 4
2822 court statement made by a child victim or witness to a certain forensic interviewer 5
2923 subject to certain requirements; and generally relating to out of court statements by 6
3024 child victims and witnesses. 7
3125
3226 BY repealing and reenacting, with amendments, 8
3327 Article – Criminal Procedure 9
3428 Section 11–304 10
3529 Annotated Code of Maryland 11
3630 (2018 Replacement Volume and 2024 Supplement) 12
3731
3832 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3933 That the Laws of Maryland read as follows: 14
4034
4135 Article – Criminal Procedure 15
4236
4337 11–304. 16
4438
4539 (a) (1) In this section[, “statement”] THE FOLLOWING WORDS HAVE THE 17
4640 MEANINGS INDICATED . 18
4741
48- (2) “FORENSIC INTERVIEWER ” MEANS A PROFESSIONAL WHO: 19 2 SENATE BILL 333
42+ (2) “FORENSIC INTERVIEWER ” MEANS A PROFESSIONAL WHO: 19
43+
44+ (I) IS TRAINED IN CHILD FORENSIC INTERVIEWIN G PROTOCOLS 20
45+AND TECHNIQUES THAT ALLOW FOR NEUTRAL , LEGALLY SOUND , NONLEADING , AND 21
46+DEVELOPMENTAL LY APPROPRIATE INTER VIEWS WITH CHILDREN TO GATHER 22 2 SENATE BILL 333
47+
48+
49+INFORMATION WITHOUT INFLUENCING THE INFO RMATION PROVIDED BY THE 1
50+CHILD; 2
51+
52+ (II) IS NOT A LAW ENFORCE MENT OFFICER ; AND 3
53+
54+ (III) IS EMPLOYED BY OR WO RKS UNDER CONTRACT W ITH A 4
55+CHILD ADVOCACY CENTE R AS DEFINED IN § 13–2201 OF THE HEALTH – GENERAL 5
56+ARTICLE, OR AN ENTITY IN ANOT HER JURISDICTION THA T WOULD QUALIFY AS A 6
57+CHILD ADVOCACY CENTE R IN THE STATE. 7
58+
59+ (3) “STATEMENT” means: 8
60+
61+ [(1)] (I) an oral or written assertion; or 9
62+
63+ [(2)] (II) nonverbal conduct intended as an assertion, including sounds, 10
64+gestures, demonstrations, drawings, and similar actions. 11
65+
66+ (b) Subject to subsections (c), (d), and (e) of this section, the court may admit into 12
67+evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement 13
68+to prove the truth of the matter asserted in the statement made by a child victim or witness 14
69+who: 15
70+
71+ (1) (i) is under the age of 13 years; and 16
72+
73+ (ii) is an alleged victim or a child alleged to need assistance in the 17
74+case before the court concerning: 18
75+
76+ 1. child abuse under § 3–601 or § 3–602 of the Criminal Law 19
77+Article; 20
78+
79+ 2. rape or sexual offense under §§ 3–303 through 3–307 of 21
80+the Criminal Law Article; 22
81+
82+ 3. attempted rape in the first or second degree under §§ 23
83+3–309 and 3–310 of the Criminal Law Article; 24
84+
85+ 4. in a juvenile court proceeding, abuse or neglect as defined 25
86+in § 5–701 of the Family Law Article; or 26
87+
88+ 5. neglect of a minor under § 3–602.1 of the Criminal Law 27
89+Article; or 28
90+
91+ (2) (i) is under the age of 13 years; and 29
92+
93+ (ii) is an alleged victim or a witness in a case before the court 30
94+concerning a crime of violence as defined under § 14–101 of the Criminal Law Article. 31 SENATE BILL 333 3
4995
5096
5197
52- (I) IS TRAINED IN CHILD FORENSIC INTERVIEWIN G PROTOCOLS 1
53-AND TECHNIQUES THAT ALLOW FOR NEUTRAL , LEGALLY SOUND , NONLEADING , AND 2
54-DEVELOPMENTALLY APPR OPRIATE INTERVIEWS W ITH CHILDREN TO GATH ER 3
55-INFORMATION WITHOUT INFLUENCING THE INFO RMATION PROVIDED BY THE 4
56-CHILD; 5
98+ (c) An out of court statement may be admissible under this section only if the 1
99+statement was made to and is offered by a person acting lawfully in the course of the 2
100+person’s profession when the statement was made who is: 3
57101
58- (II) IS NOT A LAW ENFORCE MENT OFFICER ; AND 6
102+ (1) a physician; 4
59103
60- (III) IS EMPLOYED BY OR WO RKS UNDER CONTRACT W ITH A 7
61-CHILD ADVOCACY CENTE R AS DEFINED IN § 13–2201 OF THE HEALTH – GENERAL 8
62-ARTICLE, OR AN ENTITY IN ANOT HER JURISDICTION THA T WOULD QUALIFY AS A 9
63-CHILD ADVOCAC Y CENTER IN THE STATE. 10
104+ (2) a psychologist; 5
64105
65- (3) “STATEMENT” means: 11
106+ (3) a nurse; 6
66107
67- [(1)] (I) an oral or written assertion; or 12
108+ (4) a social worker; 7
68109
69- [(2)] (II) nonverbal conduct intended as an assertion, including sounds, 13
70-gestures, demonstrations, drawings, and similar actions. 14
110+ (5) a principal, vice principal, teacher, or school counselor at a public or 8
111+private preschool, elementary school, or secondary school; 9
71112
72- (b) Subject to subsections (c), (d), and (e) of this section, the court may admit into 15
73-evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement 16
74-to prove the truth of the matter asserted in the statement made by a child victim or witness 17
75-who: 18
113+ (6) a counselor licensed or certified in accordance with Title 17 of the 10
114+Health Occupations Article; [or] 11
76115
77- (1) (i) is under the age of 13 years; and 19
116+ (7) a therapist licensed or certified in accordance with Title 17 of the 12
117+Health Occupations Article; OR 13
78118
79- (ii) is an alleged victim or a child alleged to need assistance in the 20
80-case before the court concerning: 21
119+ (8) A FORENSIC INTERVIEW ER. 14
81120
82- 1. child abuse under § 3–601 or § 3–602 of the Criminal Law 22
83-Article; 23
121+ (d) (1) Under this section, an out of court statement by a child victim or 15
122+witness may come into evidence in a criminal proceeding or in a juvenile court proceeding 16
123+other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts 17
124+Article to prove the truth of the matter asserted in the statement: 18
84125
85- 2. rape or sexual offense under §§ 3–303 through 3–307 of 24
86-the Criminal Law Article; 25
126+ (i) if the statement is not admissible under any other hearsay 19
127+exception; and 20
87128
88- 3. attempted rape in the first or second degree under §§ 26
89-3–309 and 3–310 of the Criminal Law Article; 27
129+ (ii) if the child victim or witness testifies. 21
90130
91- 4. in a juvenile court proceeding, abuse or neglect as defined 28
92-in § 5–701 of the Family Law Article; or 29
131+ (2) (i) In a child in need of assistance proceeding in the juvenile court 22
132+under Title 3, Subtitle 8 of the Courts Article, an out of court statement by a child victim 23
133+may come into evidence to prove the truth of the matter asserted in the statement: 24
93134
94- 5. neglect of a minor under § 3–602.1 of the Criminal Law 30
95-Article; or 31
96- SENATE BILL 333 3
135+ 1. if the statement is not admissible under any other hearsay 25
136+exception; and 26
97137
138+ 2. regardless of whether the child victim testifies. 27
98139
99- (2) (i) is under the age of 13 years; and 1
100-
101- (ii) is an alleged victim or a witness in a case before the court 2
102-concerning a crime of violence as defined under § 14–101 of the Criminal Law Article. 3
103-
104- (c) An out of court statement may be admissible under this section only if the 4
105-statement was made to and is offered by a person acting lawfully in the course of the 5
106-person’s profession when the statement was made who is: 6
107-
108- (1) a physician; 7
109-
110- (2) a psychologist; 8
111-
112- (3) a nurse; 9
113-
114- (4) a social worker; 10
115-
116- (5) a principal, vice principal, teacher, or school counselor at a public or 11
117-private preschool, elementary school, or secondary school; 12
118-
119- (6) a counselor licensed or certified in accordance with Title 17 of the 13
120-Health Occupations Article; [or] 14
121-
122- (7) a therapist licensed or certified in accordance with Title 17 of the 15
123-Health Occupations Article; OR 16
124-
125- (8) A FORENSIC INTERVIEW ER. 17
126-
127- (d) (1) Under this section, an out of court statement by a child victim or 18
128-witness may come into evidence in a criminal proceeding or in a juvenile court proceeding 19
129-other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts 20
130-Article to prove the truth of the matter asserted in the statement: 21
131-
132- (i) if the statement is not admissible under any other hearsay 22
133-exception; and 23
134-
135- (ii) if the child victim or witness testifies. 24
136-
137- (2) (i) In a child in need of assistance proceeding in the juvenile court 25
138-under Title 3, Subtitle 8 of the Courts Article, an out of court statement by a child victim 26
139-may come into evidence to prove the truth of the matter asserted in the statement: 27
140-
141- 1. if the statement is not admissible under any other hearsay 28
142-exception; and 29
143-
144- 2. regardless of whether the child victim testifies. 30
140+ (ii) If the child victim does not testify, the child victim’s out of court 28
141+statement will be admissible only if there is corroborative evidence that the alleged offender 29
142+had the opportunity to commit the alleged abuse or neglect. 30
145143 4 SENATE BILL 333
146144
147145
148- (ii) If the child victim does not testify, the child victim’s out of court 1
149-statement will be admissible only if there is corroborative evidence that the alleged offender 2
150-had the opportunity to commit the alleged abuse or neglect. 3
146+ (3) To provide the defendant, child respondent, or alleged offender with an 1
147+opportunity to prepare a response to the statement, the prosecuting attorney shall serve on 2
148+the defendant, child respondent, or alleged offender and the attorney for the defendant, 3
149+child respondent, or alleged offender within a reasonable time before the juvenile court 4
150+proceeding and at least 20 days before the criminal proceeding in which the statement is to 5
151+be offered into evidence, notice of: 6
151152
152- (3) To provide the defendant, child respondent, or alleged offender with an 4
153-opportunity to prepare a response to the statement, the prosecuting attorney shall serve on 5
154-the defendant, child respondent, or alleged offender and the attorney for the defendant, 6
155-child respondent, or alleged offender within a reasonable time before the juvenile court 7
156-proceeding and at least 20 days before the criminal proceeding in which the statement is to 8
157-be offered into evidence, notice of: 9
153+ (i) the State’s intention to introduce the statement; 7
158154
159- (i) the State’s intention to introduce the statement; 10
155+ (ii) any audio or visual recording of the statement; and 8
160156
161- (ii) any audio or visual recording of the statement; and 11
157+ (iii) if an audio or visual recording of the statement is not available, 9
158+the content of the statement. 10
162159
163- (iii) if an audio or visual recording of the statement is not available, 12
164-the content of the statement. 13
160+ (4) (i) The defendant, child respondent, or alleged offender may depose 11
161+a witness who will testify under this section. 12
165162
166- (4) (i) The defendant, child respondent, or alleged offender may depose 14
167-a witness who will testify under this section. 15
163+ (ii) Unless the State and the defendant, child respondent, or alleged 13
164+offender agree or the court orders otherwise, the defendant, child respondent, or alleged 14
165+offender shall file a notice of deposition: 15
168166
169- (ii) Unless the State and the defendant, child respondent, or alleged 16
170-offender agree or the court orders otherwise, the defendant, child respondent, or alleged 17
171-offender shall file a notice of deposition: 18
167+ 1. in a criminal proceeding, at least 5 days before the date of 16
168+the deposition; or 17
172169
173- 1. in a criminal proceeding, at least 5 days before the date of 19
174-the deposition; or 20
170+ 2. in a juvenile court proceeding, within a reasonable time 18
171+before the date of the deposition. 19
175172
176- 2. in a juvenile court proceeding, within a reasonable time 21
177-before the date of the deposition. 22
173+ (iii) Except where inconsistent with this paragraph, Maryland Rule 20
174+4–261 applies to a deposition taken under this paragraph. 21
178175
179- (iii) Except where inconsistent with this paragraph, Maryland Rule 23
180-4–261 applies to a deposition taken under this paragraph. 24
176+ (e) (1) A child victim’s or witness’s out of court statement is admissible under 22
177+this section only if the statement has particularized guarantees of trustworthiness. 23
181178
182- (e) (1) A child victim’s or witness’s out of court statement is admissible under 25
183-this section only if the statement has particularized guarantees of trustworthiness. 26
179+ (2) To determine whether the statement has particularized guarantees of 24
180+trustworthiness under this section, the court shall consider, but is not limited to, the 25
181+following factors: 26
184182
185- (2) To determine whether the statement has particularized guarantees of 27
186-trustworthiness under this section, the court shall consider, but is not limited to, the 28
187-following factors: 29
183+ (i) the child victim’s or witness’s personal knowledge of the event; 27
188184
189- (i) the child victim’s or witness’s personal knowledge of the event; 30
185+ (ii) the certainty that the statement was made; 28
190186
191- (ii) the certainty that the statement was made; 31
187+ (iii) any apparent motive to fabricate or exhibit partiality by the child 29
188+victim or witness, including interest, bias, corruption, or coercion; 30
192189
193- (iii) any apparent motive to fabricate or exhibit partiality by the child 32
194-victim or witness, including interest, bias, corruption, or coercion; 33 SENATE BILL 333 5
190+ (iv) whether the statement was spontaneous or directly responsive to 31
191+questions; 32
192+ SENATE BILL 333 5
195193
196194
195+ (v) the timing of the statement; 1
197196
198- (iv) whether the statement was spontaneous or directly responsive to 1
199-questions; 2
197+ (vi) whether the child victim’s or witness’s young age makes it 2
198+unlikely that the child victim or witness fabricated the statement that represents a graphic, 3
199+detailed account beyond the child victim’s or witness’s expected knowledge and experience; 4
200200
201- (v) the timing of the statement; 3
201+ (vii) the appropriateness of the terminology of the statement to the 5
202+child victim’s or witness’s age; 6
202203
203- (vi) whether the child victim’s or witness’s young age makes it 4
204-unlikely that the child victim or witness fabricated the statement that represents a graphic, 5
205-detailed account beyond the child victim’s or witness’s expected knowledge and experience; 6
204+ (viii) the nature and duration of the abuse or neglect; 7
206205
207- (vii) the appropriateness of the terminology of the statement to the 7
208-child victim’s or witness’s age; 8
206+ (ix) the inner consistency and coherence of the statement; 8
209207
210- (viii) the nature and duration of the abuse or neglect; 9
208+ (x) whether the child victim or witness was suffering pain or distress 9
209+when making the statement; 10
211210
212- (ix) the inner consistency and coherence of the statement; 10
211+ (xi) whether extrinsic evidence exists to show the defendant or child 11
212+respondent had an opportunity to commit the act complained of in the child victim’s or 12
213+witness’s statement; 13
213214
214- (x) whether the child victim or witness was suffering pain or distress 11
215-when making the statement; 12
215+ (xii) whether the statement was suggested by the use of leading 14
216+questions; and 15
216217
217- (xi) whether extrinsic evidence exists to show the defendant or child 13
218-respondent had an opportunity to commit the act complained of in the child victim’s or 14
219-witness’s statement; 15
218+ (xiii) the credibility of the person testifying about the statement. 16
220219
221- (xii) whether the statement was suggested by the use of leading 16
222-questions; and 17
220+ (f) In a hearing outside of the presence of the jury or before the juvenile court 17
221+proceeding, the court shall: 18
223222
224- (xiii) the credibility of the person testifying about the statement. 18
223+ (1) make a finding on the record as to the specific guarantees of 19
224+trustworthiness that are in the statement; and 20
225225
226- (f) In a hearing outside of the presence of the jury or before the juvenile court 19
227-proceeding, the court shall: 20
226+ (2) determine the admissibility of the statement. 21
228227
229- (1) make a finding on the record as to the specific guarantees of 21
230-trustworthiness that are in the statement; and 22
228+ (g) (1) In making a determination under subsection (f) of this section, the court 22
229+shall examine the child victim or witness in a proceeding in the judge’s chambers, the 23
230+courtroom, or another suitable location that the public may not attend unless: 24
231231
232- (2) determine the admissibility of the statement. 23
232+ (i) the child victim or witness: 25
233233
234- (g) (1) In making a determination under subsection (f) of this section, the court 24
235-shall examine the child victim or witness in a proceeding in the judge’s chambers, the 25
236-courtroom, or another suitable location that the public may not attend unless: 26
234+ 1. is deceased; or 26
237235
238- (i) the child victim or witness: 27
239-
240- 1. is deceased; or 28
236+ 2. is absent from the jurisdiction for good cause shown or the 27
237+State has been unable to procure the child victim’s or witness’s presence by subpoena or 28
238+other reasonable means; or 29
241239 6 SENATE BILL 333
242240
243241
244- 2. is absent from the jurisdiction for good cause shown or the 1
245-State has been unable to procure the child victim’s or witness’s presence by subpoena or 2
246-other reasonable means; or 3
242+ (ii) the court determines that an audio or visual recording of the 1
243+child victim’s or witness’s statement makes an examination of the child victim or witness 2
244+unnecessary. 3
247245
248- (ii) the court determines that an audio or visual recording of the 4
249-child victim’s or witness’s statement makes an examination of the child victim or witness 5
250-unnecessary. 6
246+ (2) Except as provided in paragraph (3) of this subsection, any defendant 4
247+or child respondent, attorney for a defendant or child respondent, and the prosecuting 5
248+attorney may be present when the court hears testimony on whether to admit into evidence 6
249+the out of court statement of a child victim or witness under this section. 7
251250
252- (2) Except as provided in paragraph (3) of this subsection, any defendant 7
253-or child respondent, attorney for a defendant or child respondent, and the prosecuting 8
254-attorney may be present when the court hears testimony on whether to admit into evidence 9
255-the out of court statement of a child victim or witness under this section. 10
251+ (3) When the court examines the child victim or witness as paragraph (1) 8
252+of this subsection requires: 9
256253
257- (3) When the court examines the child victim or witness as paragraph (1) 11
258-of this subsection requires: 12
254+ (i) one attorney for each defendant or child respondent, one attorney 10
255+for the child victim or witness, and one prosecuting attorney may be present at the 11
256+examination; and 12
259257
260- (i) one attorney for each defendant or child respondent, one attorney 13
261-for the child victim or witness, and one prosecuting attorney may be present at the 14
262-examination; and 15
258+ (ii) the court may not allow a defendant or child respondent to be 13
259+present at the examination. 14
263260
264- (ii) the court may not allow a defendant or child respondent to be 16
265-present at the examination. 17
261+ (h) (1) This section does not limit the admissibility of a statement under any 15
262+other applicable hearsay exception or rule of evidence. 16
266263
267- (h) (1) This section does not limit the admissibility of a statement under any 18
268-other applicable hearsay exception or rule of evidence. 19
264+ (2) This section does not prohibit the court in a juvenile court proceeding 17
265+from hearing testimony in the judge’s chambers. 18
269266
270- (2) This section does not prohibit the court in a juvenile court proceeding 20
271-from hearing testimony in the judge’s chambers. 21
267+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
268+October 1, 2025. 20
272269
273- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
274-October 1, 2025. 23
275-
276-
277-
278-
279-Approved:
280-________________________________________________________________________________
281- Governor.
282-________________________________________________________________________________
283- President of the Senate.
284-________________________________________________________________________________
285- Speaker of the House of Delegates.