Ch. 549                                          LAWS OF MARYLAND

(6)  WHETHER THE CHILD'S YOUNG AGE MAKES IT UNLIKELY
THAT THE CHILD FABRICATED THE STATEMENT THAT REPRESENTS A
GRAPHIC, DETAILED ACCOUNT BEYOND THE CHILD'S KNOWLEDGE AND
EXPERIENCE AND THE APPROPRIATENESS OF THE TERMINOLOGY TO THE
CHILD'S AGE;

(7)  THE NATURE AND DURATION OF THE ABUSE;

(8)  THE INNER CONSISTENCY AND COHERENCE OF THE
STATEMENT;

(9)  WHETHER THE CHILD WAS SUFFERING PAIN OR DISTRESS
WHEN MAKING THE STATEMENT;

(10)  WHETHER EXTRINSIC EVIDENCE EXISTS TO SHOW THE
DEFENDANT'S OPPORTUNITY TO COMMIT THE ACT COMPLAINED OF IN THE
CHILD'S STATEMENT;

(11)  WHETHER THE STATEMENT IS SUGGESTIVE DUE TO THE
USE OF LEADING QUESTIONS; AND

(12)  THE CREDIBILITY OF THE PERSON TESTIFYING ABOUT
THE STATEMENT.

(D) THE COURT, IN ACCORDANCE WITH PROCEDURES FOR

DETERMINING WHETHER ANY STATEMENT IS ADMISSIBLE UNDER AN

EXCEPTION TO THE HEARSAY RULE; SHALL:

(E)  THE COURT, IN DETERMINING WHETHER A STATEMENT IS
ADMISSIBLE UNDER THIS SECTION, IN A HEARING OUTSIDE THE PRESENCE
OF A 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.

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