H.B. 196                                                VETOES

Robert L. Ehrlich, Jr.
Governor

House Bill No. 196

AN ACT concerning

Sexual Offenses - Reputation and Opinion Evidence and Evidence of Prior

Sexual Conduct - Admissibility

FOR the purpose of expanding the application to certain sexual offenses and applying
to sexual crimes against both males and females, the sexual abuse of a minor,
the sexual abuse of a vulnerable adult, and lesser included crimes a prohibition
against admitting in a prosecution reputation and opinion evidence relating to a
victim's chastity or abstinence; expanding the application to certain sexual
offenses and applying to sexual crimes against both males and females, the
sexual abuse of a minor, the sexual abuse of a vulnerable adult, and lesser
included crimes an authorization for admitting in a prosecution under certain
circumstances a specific instance of a victim's prior sexual conduct; making a
technical change; and generally relating to admissibility of reputation and
opinion evidence and evidence of certain prior sexual contact conduct.

BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 3-319

Annotated Code of Maryland
(2002 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

3-319.

(a)     Evidence relating to a victim's reputation for chastity OR ABSTINENCE and
opinion evidence relating to a victim's chastity OR ABSTINENCE may not be admitted
in a prosecution for [rape, a sexual offense in the first or second degree, attempted
rape, or an attempted sexual offense in the first or second degree]:

(1)      A CRIME SPECIFIED UNDER THIS SUBTITLE OR A LESSER INCLUDED
CRIME; OR

(2)      THE SEXUAL ABUSE OF A MINOR UNDER § 3-601 § 3-602 OF THIS
TITLE OR A LESSER INCLUDED CRIME; OR

(3)      THE SEXUAL ABUSE OF A VULNERABLE ADULT UNDER § 3-604 OR §
8-606 OF THIS TITLE OR A LESSER INCLUDED CRIME.

(b)     Evidence of a specific instance of a victim's prior sexual conduct may be
admitted in a prosecution [for rape, a sexual offense in the first or second degree,

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