ROBERT L. EHRLICH, JR., Governor

H.B. 204

attempted rape, or an attempted sexual offense in the first or second degree]
DESCRIBED IN SUBSECTION (A) OF THIS SECTION only if the judge finds that:

(1)     the evidence is relevant;

(2)     the evidence is material to a fact in issue in the case;

(3)     the inflammatory or prejudicial nature of the evidence does not
outweigh its probative value; and

(4)     the evidence:

(i) is of the victim's past sexual conduct with the defendant;

(ii) is of a specific instance of sexual activity showing the source or
origin of semen, pregnancy, disease, or trauma;

(iii) supports a claim that the victim has an ulterior motive to
accuse the defendant of the crime; or

(iv) is offered for impeachment after the prosecutor has put the
victim's prior sexual conduct in issue.

(c) (1) Evidence described in subsection (a) or (b) of this section may not be
referred to in a statement to a jury or introduced in a trial unless the court has first
held a closed hearing [under paragraph (2) of this subsection] and determined that
the evidence is admissible.

(2) The court may reconsider a ruling excluding the evidence and hold an
additional closed hearing if new information is discovered during the course of the
trial that may make the evidence admissible.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003.

May 22, 2003

The Honorable Michael E. Busch
Speaker of the House of Delegates
State House
Annapolis, MD 21401

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 204 - Howard County - Probation After Judgment - Imprisonment
Ho. Co. 5-03.

This bill includes Howard County as a county in which the court is authorized to
impose a sentence of imprisonment as a condition of probation after judgment.

Senate Bill 428, which was passed by the General Assembly and signed by me,
accomplishes the same purpose. SB 428 is a broader bill and extends statewide the
authority of a court to impose a sentence of imprisonment as a condition of a

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