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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