WILLIAM DONALD SCHAEFER, Governor                           Ch. 169

[(iii)](2) [There] IF THE CHILD DOES NOT TESTIFY, THE CHILD'S OUT
OF COURT STATEMENT WILL BE ADMISSIBLE ONLY IF THERE is corroborative evidence
THAT:

(I) THE DEFENDANT IN A CRIMINAL PROCEEDING HAD THE
OPPORTUNITY TO COMMIT THE ALLEGED OFFENSE; OR

(II) THE ALLEGED OFFENDER IN A JUVENILE COURT PROCEEDING
HAD THE OPPORTUNITY TO COMMIT THE ALLEGED ABUSE OR NEGLECT.

(3)     In order to provide the defendant with an opportunity to prepare a response
to the statement, the prosecutor shall [give to 7 SERVE ON the defendant in a criminal
proceeding or [to 7 ON the [respondent 7 ALLEGED OFFENDER in a [CINA 7 JUVENILE
COURT proceeding and the [defendant's or respondent's ] ALLEGED OFFENDER'S attorney, a
reasonable time before the [CINA 7 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.

(4)      (i) The [defendant or respondent 7 ALLEGED OFFENDER 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 agree, or the court
orders otherwise, the defendant 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.

(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;

(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;

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