Ch. 548

LAWS OF MARYLAND

STATEMENT, IF THE CHILD IS SUBJECT TO CROSS-EXAMINATION ABOUT
THE OUT OF COURT STATEMENT AND TESTIFIES:

(I)  AT THE JUDICIAL PROCEEDINGS CRIMINAL

PROCEEDING; OR

(II)   BY CLOSED CIRCUIT TELEVISION.

(2) AN OUT OF COURT STATEMENT BY A CHILD MAY COME
INTO EVIDENCE, TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE
STATEMENT, IF:

(I) THE CHILD IS UNAVAILABLE TO TESTIFY AT A
JUDICIAL PROCEEDING; THE CRIMINAL PROCEEDING DUE TO THE CHILD'S:

1. DEATH;

2. ABSENCE FROM THE JURISDICTION, FOR
GOOD CAUSE SHOWN, AND THE STATE HAS BEEN UNABLE TO PROCURE THE
CHILD'S PRESENCE BY SUBPOENA OR OTHER REASONABLE MEANS;

3. SERIOUS PHYSICAL DISABILITY; OR

4. INABILITY TO COMMUNICATE ABOUT THE
ALLEGED OFFENSE DUE TO SERIOUS EMOTIONAL DISTRESS;

(II)  THE CHILD'S STATEMENT :

1. POSSESSES PARTICULARIZED GUARANTEES OF
TRUSTWORTHINESS; AND

2. IS NOT ADMISSIBLE UNDER ANY OTHER
HEARSAY EXCEPTION; AND

(III)  THERE IS CORROBORATIVE EVIDENCE OF THE
ALLEGED OFFENSE.

(3)  IN ORDER TO PROVIDE THE DEFENDANT WITH AN
OPPORTUNITY TO PREPARE A RESPONSE TO THE STATEMENT, THE
PROSECUTOR SHALL GIVE TO THE DEFENDANT AND THE DEFENDANT'S
ATTORNEY, AT LEAST 10 DAYS BEFORE THE JUDICIAL PROCEEDING TRIAL
20 DAYS BEFORE THE CRIMINAL PROCEEDING IN WHICH THE STATEMENT IS
TO BE OFFERED INTO EVIDENCE, notice of:---------------------------

(I)  THE PROSECUTION'S INTENTION TO INTRODUCE
THE STATEMENT; AND

(II)  THE CONTENT OF THE STATEMENT.

(4) (I) THE DEFENDANT SHALL HAVE THE RIGHT TO TAKE
THE DEPOSITION OF A WITNESS WHO WILL TESTIFY UNDER THIS SECTION;

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