WILLIAM DONALD SCHAEFER, Governor Ch. 549

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, IF IT IS INTENDED AS AN
ASSERTION, INCLUDING SOUNDS, GESTURES, DEMONSTRATIONS, DRAWINGS,
OR SIMILAR ACTIONS.

(B) IF A COURT FINDS THAT THE REQUIREMENTS OF SUBSECTION
(C) OF THIS SECTION ARE SATISFIED, A COURT MAY ADMIT INTO
EVIDENCE 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

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