Ch. 548
LAWS OF MARYLAND
CHAPTER 548
(Senate Bill 66)
AN ACT concerning
Child Abuse and Other Crimes - Admission of the Out of
Court Statement of a Child
FOR the purpose of authorizing a court to admit into evidence at
judicial proceedings under certain circumstances certain out
of court statements of child victims under a certain age
concerning the alleged offense against the child at criminal
proceedings certain out of court statements by certain child
victims under specific circumstances; providing for certain
discovery procedures under certain circumstances; defining a
term; describing the circumstances under which a child's out
of court statement may come into evidence; authorizing the
court to consider certain factors in order to determine the
trustworthiness of a child's out of court statement;
requiring the court to make a certain finding and to
determine the admissibility of a certain statement in
accordance with certain procedures; clarifying that this Act
does not limit the admissibility of a statement under other
hearsay exceptions or rules of evidence; providing for the
applicability of this Act; and generally relating to the
admissibility into evidence of out of court statements of
child victims of certain crimes.
BY adding to
Article - Courts and Judicial Proceedings
Section 9-103.1
Annotated Code of Maryland
(1984 Replacement Volume and 1987 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
9-103.1.
(A) IN THIS SECTION "STATEMENT" MEANS:
(1) AN ORAL OR WRITTEN ASSERTION; OR
(2) NONVERBAL CONDUCT OF A PERSON IF IT IS INTENDED
BY THE PERSON, IF IT IS INTENDED AS AN ASSERTION, INCLUDING
SOUNDS, GESTURES, DEMONSTRATIONS, DRAWINGS, OR SIMILAR ACTIONS.
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