Bill > SB146

This bill modifies Maryland's rules of evidence to allow out-of-court statements to be admitted as evidence in criminal trials involving felonies or second-degree assault cases under specific circumstances. Currently, hearsay statements (statements made outside of court) are generally not admissible, but this bill creates an exception if the defendant has intentionally made a witness unavailable through wrongdoing. Before admitting such a statement, a judge must hold a hearing outside the jury's presence and determine by a preponderance of the evidence that the defendant engaged in conduct meant to prevent the witness from testifying. Additionally, the statement must meet strict requirements: it must be given under oath, in writing and signed, or recorded verbatim, and the party seeking to introduce the statement must promptly notify the opposing side of their intent to use the statement, including its details and the witness who will present it. The bill would take effect on October 1, 2025, providing a clear timeline for implementation of these new evidentiary rules.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0146?ys=2025RS