WILLIAM DONALD SCHAEFER, Governor Ch. 548
(B) IF A COURT FINDS THAT THE REQUIREMENTS OF SUBSECTION
(C) OF THIS SECTION ARE SATISFIED, A COURT MAY ADMIT INTO
EVIDENCE, TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE
STATEMENT, IN ANY JUDICIAL PROCEEDING AN OUT OF COURT STATEMENT
MADE BY A CHILD VICTIM UNDER THE AGE OF 12 YEARS WHO IS THE
ALLEGED VICTIM IN THE CASE BEFORE THE COURT, CONCERNING THE
ALLEGED OFFENSE AGAINST THE CHILD OF:
(1) CHILD ABUSE AS DEFINED IN § 5-701 OF THE FAMILY
LAW ARTICLE OR ARTICLE 27, § 35A OF THE CODE;
(2) A CRIME OF VIOLENCE, AS DEFINED IN ARTICLE 27, §
643B OF THE CODE; OR
(3) A SEXUAL OFFENSE, UNDER ARTICLE 27, SECTION 464B
OR SECTION 464C OF THE CODE.
(B) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2) AND (3)
OF THIS SUBSECTION, IF A COURT FINDS THAT THE REQUIREMENTS OF
SUBSECTION (C) OF THIS SECTION ARE SATISFIED, A COURT MAY ADMIT
INTO EVIDENCE IN A CRIMINAL PROCEEDING AN OUT OF COURT STATEMENT
TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE STATEMENT, MADE
BY A CHILD VICTIM UNDER THE AGE OF 12 YEARS, WHO IS THE ALLEGED
VICTIM IN THE CASE BEFORE THE COURT, CONCERNING AN ALLEGED
OFFENSE AGAINST THE CHILD OF CHILD ABUSE, AS DEFINED UNDER
ARTICLE 27, § 35A OF THE CODE.-----------------------------'------
(2) (I) AN OUT OF COURT STATEMENT MAY BE ADMISSIBLE
UNDER THIS SECTION ONLY IF THE STATEMENT WAS MADE TO AND IS
OFFERED BY:
1. A LICENSED PHYSICIAN, AS DEFINED UNDER
§ 14-101 OF THE HEALTH OCCUPATIONS ARTICLE;
2. A LICENSED PSYCHOLOGIST, AS DEFINED
UNDER § 16-101 OF THE HEALTH OCCUPATIONS ARTICLE;
3. A LICENSED SOCIAL WORKER, AS DEFINED
UNDER § 16-101 OF THE HEALTH OCCUPATIONS ARTICLE; OR
4. A TEACHER; AND
(II) THE INDIVIDUAL DESCRIBED UNDER ITEM (I) OF
THIS PARAGRAPH WAS ACTING IN THE COURSE OF THE INDIVIDUAL'S
PROFESSION WHEN THE STATEMENT WAS MADE.---------------------------
(3) AN OUT OF COURT STATEMENT MAY BE ADMISSIBLE UNDER
THIS SECTION ONLY IF THE STATEMENT POSSESSES PARTICULARIZED
GUARANTEES OF TRUSTWORTHINESS.---------------------------------------
(C) (1) AN OUT OF COURT STATEMENT BY A CHILD MAY COME INTO
EVIDENCE, TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE
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