Maryland SB 781: Criminal Procedure - Victims and Witnesses - Out of Court Statement of Child Victim

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0781*

SENATE BILL 781
E2 8lr2415
HB 483/17 – JUD CF HB 192
By: Senators Muse, Currie, Lee, Manno, and Peters
Introduced and read first time: February 5, 2018
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Victims and Witnesses – Out of Court Statement of Child 2
Victim 3

FOR the purpose of expanding a certain evidentiary rule to render admissible a certain 4
statement made by a certain child victim to a certain adult describing a certain 5
offense; and generally relating to out of court statements of child victims. 6

BY repealing and reenacting, without amendments, 7
Article – Criminal Procedure 8
Section 11–304(a) and (b) 9
Annotated Code of Maryland 10
(2008 Replacement Volume and 2017 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Criminal Procedure 13
Section 11–304(c) 14
Annotated Code of Maryland 15
(2008 Replacement Volume and 2017 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Criminal Procedure 19

11–304. 20

(a) In this section, “statement” means: 21

(1) an oral or written assertion; or 22

(2) nonverbal conduct intended as an assertion, including sounds, gestures, 23

2 SENATE BILL 781

demonstrations, drawings, and similar actions. 1

(b) Subject to subsections (c), (d), and (e) of this section, the court may admit into 2
evidence in a juvenile court proceeding or in a criminal proceeding an out of court statement 3
to prove the truth of the matter asserted in the statement made by a child victim who: 4

(1) is under the age of 13 years; and 5

(2) is the alleged victim or the child alleged to need assistance in the case 6
before the court concerning: 7

(i) child abuse under § 3–601 or § 3–602 of the Criminal Law Article; 8

(ii) rape or sexual offense under §§ 3–303 through 3–307 of the 9
Criminal Law Article; 10

(iii) attempted rape in the first degree or in the second degree under 11
§§ 3–309 and 3–310 of the Criminal Law Article; or 12

(iv) in a juvenile court proceeding, abuse or neglect as defined in § 13
5–701 of the Family Law Article. 14

(c) An out of court statement may be admissible under this section only if: 15

(1) the statement was made to and is offered by a person acting lawfully in 16
the course of the person’s profession when the statement was made who is: 17

[(1)] (I) a physician; 18

[(2)] (II) a psychologist; 19

[(3)] (III) a nurse; 20

[(4)] (IV) a social worker; 21

[(5)] (V) a principal, vice principal, teacher, or school counselor at a public 22
or private preschool, elementary school, or secondary school; 23

[(6)] (VI) a counselor licensed or certified in accordance with Title 17 of the 24
Health Occupations Article; or 25

[(7)] (VII) a therapist licensed or certified in accordance with Title 17 of the 26
Health Occupations Article; OR 27

(2) THE STATEMENT: 28

SENATE BILL 781 3

(I) DESCRIBES THE CHARGED OFFENSE; 1

(II) WAS MADE TO THE FIRST ADULT OTHER THAN THE 2
DEFENDANT TO WHOM THE CHILD VICTIM MADE A STATEMENT ABOUT THE 3
OFFENSE; 4

(III) WAS PROMPTLY REPORTED IN ACCORDANCE WITH § 5–704 5
OR § 5–705 OF THE FAMILY LAW ARTICLE; AND 6

(IV) WAS DOCUMENTED IN WRITING OR BY AUDIO OR VIDEO 7
RECORDING. 8

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2018. 10