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2006 LAWS OF MARYLAND
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Ch. 257
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CHAPTER 257
(Senate Bill 468)
AN ACT concerning
Criminal Law - Credit Card Crimes - Use of Affidavit by Credit Cardholder
in Criminal Case or Juvenile Proceeding
FOR the purpose of authorizing in a criminal case or juvenile proceeding involving a
violation of certain credit card crimes the introduction of the affidavit of a lawful
credit cardholder as substantive evidence that the credit card or credit card
number was taken, used, or possessed without the authorization of the credit
cardholder; requiring the State to provide a certain notice to the defendant
within a certain time period before a proceeding in which the State intends to
introduce certain evidence: requiring the State to require the presence at the
proceeding of a certain affiant as a prosecution witness under certain
circumstances; and generally relating to the use of affidavits in criminal cases
and juvenile proceedings involving credit card crimes.
BY adding to
Article — Criminal Law
Section 8-214.1
Annotated Code of Maryland
(2002 Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Law
8-214.1.
(A) IN A CRIMINAL CASE OR JUVENILE PROCEEDING INVOLVING A VIOLATION
OF § 8-204, § 8-205, § 8-206, § 8-207, § 8-208, § 8-209, § 8-210, OR § 8-214 OF THIS
SUBTITLE, AN AFFIDAVIT SWORN TO BY A LAWFUL CREDIT CARDHOLDER MAY BE
INTRODUCED AS SUBSTANTIVE EVIDENCE THAT THE CREDIT CARD OR CREDIT CARD
NUMBER WAS TAKEN, USED, OR POSSESSED WITHOUT THE AUTHORIZATION OF THE
CREDIT CARDHOLDER
(B) (1) AT LEAST 10 DAYS BEFORE A PROCEEDING IN WHICH THE STATE
INTENDS TO INTRODUCE INTO EVIDENCE AN AFFIDAVIT AS PROVIDED UNDER THIS
SECTION. THE STATE SHALL PROVIDE WRITTEN NOTICE TO THE DEFENDANT THAT
THE STATE INTENDS TO:
(I) RELY ON THE AFFIDAVIT; AND
(II) INTRODUCE THE AFFIDAVIT INTO EVIDENCE AT THE
PROCEEDING.
- 1494 -
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