ROBERT L. EHRLICH, JR., Governor                               Ch. 90

attempted rape, or an attempted sexual offense in the first or second degree]
DESCRIBED IN SUBSECTION (A) OF THIS SECTION only if the judge finds that:

(1)     the evidence is relevant;

(2)     the evidence is material to a fact in issue in the case;

(3)     the inflammatory or prejudicial nature of the evidence does not
outweigh its probative value; and

(4)     the evidence:

(i) is of the victim's past sexual conduct with the defendant;

(ii) is of a specific instance of sexual activity showing the source or
origin of semen, pregnancy, disease, or trauma;

(iii) supports a claim that the victim has an ulterior motive to
accuse the defendant of the crime; or

(iv) is offered for impeachment after the prosecutor has put the
victim's prior sexual conduct in issue.

(c) (1) Evidence described in subsection (a) or (b) of this section may not be
referred to in a statement to a jury or introduced in a trial unless the court has first
held a closed hearing [under paragraph (2) of this subsection] and determined that
the evidence is admissible.

(2) The court may reconsider a ruling excluding the evidence and hold an
additional closed hearing if new information is discovered during the course of the
trial that may make the evidence admissible.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003.

Approved April 22, 2003.

CHAPTER 90
(Senate Bill 462)

AN ACT concerning

Dorchester County - Alcoholic Beverages - Board of License Commissioners

FOR the purpose of authorizing the Board of License Commissioners for Dorchester
County to employ an inspector and a recording secretary with the approval of
the County Council; requiring that the inspector and recording secretary be
employees of the county as provided for in the county budget; authorizing the
Board to appoint legal counsel with the approval of the County Council;
specifying that certain restrictions apply to legal counsel and staff assigned to
the Board; requiring that county personnel policies and rules apply to certain

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