WILLIAM DONALD SCHAEFER, Governor Ch. 549

(II)  THE CHILD'S STATEMENT:

1. POSSESS PARTICULARIZED GUARANTEES OF
TRUSTWORTHINESS; AND

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

(III)  THERE IS CORROBORATIVE EVIDENCE.

(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 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;

(II)  UNLESS THE STATE AND THE DEFENDANT AGREE,
OR THE COURT ORDERS OTHERWISE, THE DEFENDANT SHALL FILE A NOTICE
OF DEPOSITION AT LEAST 5 DAYS BEFORE THE DATE OF THE DEPOSITION;
AND

(III)  EXCEPT WHERE INCONSISTENT WITH THIS
PARAGRAPH, THE PROVISIONS OF MARYLAND RULE 4-261 SHALL APPLY TO A
DEPOSITION TAKEN UNDER THIS PARAGRAPH.

(D) IN ORDER TO DETERMINE IF A CHILD'S STATEMENT POSSESSES
PARTICULARIZED GUARANTEES OF TRUSTWORTHINESS UNDER THIS SECTION,
THE COURT SHALL CONSIDER, BUT IS NOT LIMITED TO, THE FOLLOWING
FACTORS:

(1)  THE CHILD'S PERSONAL KNOWLEDGE OF THE EVENT;

(2)  THE CERTAINTY THAT THE STATEMENT WAS MADE;

(3)  ANY APPARENT MOTIVE TO FABRICATE OR EXHIBIT
PARTIALITY BY THE CHILD, INCLUDING INTEREST, BIAS, CORRUPTION, OR
COERCION;

(4)  WHETHER THE STATEMENT WAS SPONTANEOUS OR DIRECTLY
RESPONSIVE TO QUESTIONS;

(5)  THE TIMING OF THE STATEMENT;

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