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Session Laws, 1988
Volume 770, Page 3650   View pdf image
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Ch. 549

LAWS OF MARYLAND

(12) the credibility of the person testifying about
the statement:

(D) (E) THE COURT, IN ACCORDANCE WITH PROCEDURES FOR
DETERMINING WHETHER ANY A STATEMENT IS ADMISSIBLE UNDER AN
EXCEPTION TO THE HEARSAY RULE THIS SECTION, SHALL, IN A HEARING
OUTSIDE THE PRESENCE OF THE JURY, SHALL;

(1)  MAKE A FINDING ON THE RECORD AS TO THE SPECIFIC
GUARANTEES OF TRUSTWORTHINESS THAT ARE PRESENT IN THE STATEMENT;
AND

(2)  DETERMINE THE ADMISSIBILITY OF THE STATEMENT.

(F) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT THE
ADMISSIBILITY OF A STATEMENT UNDER ANY OTHER APPLICABLE HEARSAY
EXCEPTION OR RULE OF EVIDENCE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or'
interpreted to have any effect upon or application to any case
filed prior to the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

CHAPTER 549

(House Bill 1018)

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; requiring the
court to make a certain finding and to determine the
admissibility of a certain statement in accordance with

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Session Laws, 1988
Volume 770, Page 3650   View pdf image
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