Criminal Procedure - Admission of Out-of-Court Statements - Assault in the Second Degree, the official text

WES MOORE, Governor                                     Ch. 529

Chapter 529

                   (Senate Bill 465)

AN ACT concerning

Criminal Procedure – Admission of Out–of–Court Statements – Assault in the
                                                Second Degree

FOR the purpose of providing that under certain circumstances a certain statement made
         by a certain declarant is not excluded by the hearsay rule during the trial of a
         criminal case in which the defendant is charged with assault in the second degree;
         and generally relating to the admission of out–of–court statements.

BY repealing and reenacting, with amendments,
         Article – Courts and Judicial Proceedings
         Section 10–901
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

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

                   Article – Courts and Judicial Proceedings

10–901.

         (a) During the trial of a criminal case in which the defendant is charged with a
felony OR AN ASSAULT IN THE SECOND DEGREE, a statement as defined in Maryland
Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party
that has engaged in, directed, or conspired to commit wrongdoing that was intended to and
did procure the unavailability of the declarant of the statement, as defined in Maryland
Rule 5–804.

         (b) Subject to subsection (c) of this section, before admitting a statement under
this section, the court shall hold a hearing outside the presence of the jury at which:

             (1) The Maryland Rules of Evidence are strictly applied; and

                  (2) The court finds by a preponderance of the evidence that the party
against whom the statement is offered engaged in, directed, or conspired to commit the
wrongdoing that procured the unavailability of the declarant.

(c) A statement may not be admitted under this section unless:

             (1) The statement was:

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Ch. 529   2026 LAWS OF MARYLAND

                           (i) Given under oath subject to the penalty of perjury at a trial,
hearing, or other proceeding or in a deposition;

          (ii) Reduced to writing and signed by the declarant; or

                           (iii) Recorded in substantially verbatim fashion by stenographic or
electronic means contemporaneously with the making of the statement; and

                  (2) As soon as is practicable after the proponent of the statement learns
that the declarant will be unavailable, the proponent notifies the adverse party of:

          (i) The intention to offer the statement;

          (ii) The particulars of the statement; and

          (iii) The identity of the witness through whom the statement will be

offered.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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