WILLIAM DONALD SCHAEFER, Governor                           Ch. 728

(2) THE CLERKS OF THE COURTS AND APPROPRIATE LOCAL LAW
ENFORCEMENT AGENCIES SHALL BE RESPONSIBLE FOR ENTRY, MAINTENANCE, AND
PROMPT VALIDATION OF CIVIL PROTECTIVE ORDERS IN THE SYSTEM IN
ACCORDANCE WITH PROCEDURES ADOPTED BY THE DEPARTMENT.

Article—Courts and Judicial Proceedings

9-105.

One spouse is not competent to disclose any confidential communication between
the spouses occurring during their marriage UNLESS THE CONFIDENTIAL
COMMUNICATION OCCURS DURING THE COMMISSION OF A CRIME COMMITTED BY
ONE SPOUSE AGAINST THE OTHER OR PERTAINS TO A CRIME COMMITTED BY ONE
SPOUSE AGAINST THE OTHER.

9-106.

The spouse of a person on trial for a crime may not be compelled to testify as an
adverse witness unless the charge involves;

(1) [the] THE abuse of a child under 18; OR

(2) ANY CRIMINAL OFFENSE IN WHICH THE SPOUSE IS A VICTIM.

10-917.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "BATTERED CHILD SYNDROME" MEANS THE PSYCHOLOGICAL
CONDITION OF A VICTIM OF REPEATED PHYSICAL, PSYCHOLOGICAL, OR SEXUAL
ABUSE BY A PARENT OR OTHER PERSON WHO HAS OR HAD PERMANENT CARE OR
CUSTODY OF THE VICTIM OR BY ANY CURRENT OR FORMER HOUSEHOLD OR
FAMILY MEMBER, WHICH IS ALSO RECOGNIZED IN THE MEDICAL AND SCIENTIFIC
COMMUNITY AS THE "BATTERED CHILD SYNDROME".

(3) "DEFENDANT" MEANS AN INDIVIDUAL CHARGED WITH:

(1) FIRST DEGREE MURDER, SECOND DEGREE MURDER,
MANSLAUGHTER, MAIMING, OR ATTEMPT TO COMMIT ANY OF THESE CRIMES; OR

(II) ASSAULT WITH INTENT TO MURDER OR MAIM.

(B) NOTWITHSTANDING EVIDENCE THAT THE DEFENDANT WAS THE FIRST
AGGRESSOR, USED EXCESSIVE FORCE, OR FAILED TO RETREAT AT THE TIME OF
THE ALLEGED OFFENSE, WHEN THE DEFENDANT RAISES THE ISSUE THAT THE
DEFENDANT WAS, AT THE TIME OF THE ALLEGED OFFENSE, SUFFERING FROM THE
BATTERED CHILD SYNDROME AS A RESULT OF THE PAST COURSE OF CONDUCT OF
THE INDIVIDUAL WHO IS THE VICTIM OF THE CRIME FOR WHICH THE DEFENDANT
HAS BEEN CHARGED, THE COURT MAY ADMIT FOR THE PURPOSE OF EXPLAINING
THE DEFENDANT'S MOTIVE OR STATE OF MIND, OR BOTH, AT THE TIME OF THE
COMMISSION OF THE ALLEGED OFFENSE:

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