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Bill > HB572


MD HB572

MD HB572
Criminal Procedure - Admission of Out-of-Court Statements - Assault in the Second Degree


summary

Introduced
01/24/2024
In Committee
01/24/2024
Crossed Over
Passed
Dead
04/08/2024

Introduced Session

2024 Regular Session

Bill Summary

Providing that during the trial of a criminal case in which a defendant is charged with an assault in the second degree, a certain statement 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 unavailibility of the declarant of the statement, under certain circumstances.

AI Summary

This bill allows certain out-of-court statements to be admitted as evidence during the trial of a criminal case where the defendant is charged with a felony or assault in the second degree. The key provision is that the statement can be admitted if 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 wrongdoing that was intended to and did make the declarant of the statement unavailable. The bill also outlines specific requirements for the statement, such as being given under oath or reduced to writing, and notification requirements for the proponent of the statement. The bill would take effect on October 1, 2024.

Committee Categories

Justice

Sponsors (2)

Last Action

House Judiciary Hearing (13:00:00 2/13/2024 ) (on 02/13/2024)

bill text


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