WILLIAM DONALD SCHAEFER, Governor

Ch. 169

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of this Act
shall take effect only to the extent that sufficient funds to operate the program are available in
the budget of the Department of Human Resources. The Department may amend its
appropriation by an approved budget amendment to finance the provisions of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1994. It shall remain in effect for a period of 3 years and, at the end of June 30, 1997,
with no further action required by the General Assembly, this Act shall be abrogated and of no
further force or effect.

Approved May 2, 1994.

CHAPTER 169
(Senate Bill 340)

AN ACT concerning

Judicial Proceedings - Admission of Out of Court Statements - Child Victims

FOR the purpose of altering the law governing the admissibility in certain proceedings of
an out of court statement by a child victim by permitting certain out of court
statements made by certain child victims to be admitted into evidence under certain
circumstances in juvenile court proceedings; repealing a requirement that the child
victim whose out of court statement may be admitted into evidence be the alleged
victim or the child alleged to need assistance in the case before the court; altering
the individuals who may offer testimony about an out of court statement by a child
victim under certain circumstances; altering the circumstances under which certain
out of court statements may be admitted in certain court proceedings; altering
certain notice requirements; and generally relating to the admissibility of certain out
of court statements by certain child victims allowing into evidence in certain judicial
proceedings the out of court statements by child victims regardless of whether the child
victim testifies under certain circumstances; permitting certain out of court statements in
juvenile court proceedings; clarifying provisions related to corroborative evidence;
requiring a court to conduct a certain examination of a child prior to determining the
admissibility of a statement under certain circumstances; requiring certain persons to
serve a certain statement on certain individuals for a certain purpose; clarifying that
certain persons have the right to be present when a certain determination is made;
prohibiting a defendant from being present when the court observes or questions a child
in connection with the admission of an out of court statement; making provisions of this
Act severable; and generally relating to the admission of out of court statements by child
victims.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 9-103.1
Annotated Code of Maryland
(1989 Replacement Volume and 1993 Supplement)

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