Ch. 585                                    1996 LAWS OF MARYLAND

(4) (i) The 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 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;

(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 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.

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