Ch. 169                                        1994 LAWS OF MARYLAND

(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.

(e)      The court, in determining whether a statement is admissible under this
section, in a hearing outside the presence of the jury, or before the [CINA] JUVENILE
COURT JUVENILE COURT proceeding 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)      (1) This section may not be construed to limit the admissibility of a
statement under any other applicable hearsay exception or rule of evidence.

(2) This section may not bo construed to prohibit the court in a [CINA]
JUVENILE COURT proceeding from hearing testimony in the judge's chambers.

(F) (1) IN MAKING A DETERMINATION UNDER SUBSECTION (E) OF THIS
SECTION, THE COURT SHALL CONDUCT AN IN CAMERA EXAMINATION OF A CHILD PRIOR
TO DETERMINING THE ADMISSIBILITY OF THE STATEMENT, EXCEPT WHERE THE CHILD:

(I) HAS DIED; OR

(II) IS ABSENT FROM THE JURISDICTION FOR GOOD CAUSE SHOWN OR
THE STATE HAS BEEN UNABLE TO PROCURE THE CHILD'S PRESENCE BY SUBPOENA OR
OTHER REASONABLE MEANS.

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II)2 OF THIS
PARAGRAPH ANY DEFENDANT, ANY DEFENDANT'S ATTORNEY, AND THE PROSECUTOR
SHALL HAVE THE RIGHT TO BE PRESENT WHEN THE COURT HEARS TESTIMONY ON
WHETHER TO ADMIT INTO EVIDENCE AN OUT OF COURT STATEMENT OF A CHILD UNDER
THIS SECTION.

(II) IF THE COURT IS REQUIRED TO OBSERVE OR QUESTION THE
CHILD IN CONNECTION WITH THE DETERMINATION TO ADMIT INTO EVIDENCE THE OUT
OF COURT STATEMENT:

1. ANY DEFENDANT'S ATTORNEY AND THE PROSECUTOR
SHALL HAVE THE RIGHT TO BE PRESENT AT THE IN CAMERA EXAMINATION; AND

2. THE JUDGE MAY NOT PERMIT A DEFENDANT TO BE PRESENT
AT THE IN CAMERA EXAMINATION.

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