Ch. 169                                       1994 LAWS OF MARYLAND                               

STATEMENT SHALL BE SERVED ON ALL PARTIES, a reasonable time before the [CINA].
JUVENILE COURT proceeding and at least 20 days before the criminal proceeding in
which the statement is to be offered into evidence [, notice of:

(I) The State's intention to introduce the statement; and

(II) The content of the statement].

(II) THE NOTICE REQUIRED TO BE SERVED UNDER

SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE THE CONTENT OF THE

STATEMENT.

(4) (i) [The defendant or respondent] A PARTY shall have the right to
take the deposition of a witness who will testify under this section;

(ii) Unless [the State and the defendant or respondent] ALL PARTIES
agree, or the court orders otherwise, [the defendant] A PARTY in a criminal proceeding
shall file a notice of deposition at least 5 days before, or in a [CINA] JUVENILE COURT
proceeding within a reasonable time 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.

(c) (1) [An] UNDER THIS SECTION. AN out of court statement by a child may
come into evidence to prove the truth of the matter asserted in the statement [if the child is
subject to cross-examination about the out of court statement and testifies:

(i) At the criminal proceeding or CINA proceeding; or

(ii) By closed circuit television.

(2) An out of court statement by a child max come into evidence to prove the
truth of the matter asserted in the statement if:

(i) The child is unavailable to testify at the criminal proceeding or CINA
proceeding due to the child's:

1. Death:

2. Absence from the jurisdiction, for good cause shown, and the
State has been unable to procure the child's presence by subpoena or other reasonable means:

3. Serious physical disability; or

4. Inability to communicate about the alleged offense due to
serious emotional distress;

(ii)]:

(I) [The] IF THE child's statement is not admissible under any other
hearsay exception; and

(II) REGARDLESS OF WHETHER THE CHILD TESTIFIES.
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