Bill > HB281

This bill modifies Maryland's laws regarding the admissibility of hearsay statements in criminal trials involving assault in the second degree. Specifically, the bill allows out-of-court statements that would normally be considered hearsay to be admitted as evidence if the defendant has engaged in, directed, or conspired to commit wrongdoing that intentionally made the original statement's witness (declarant) unavailable. Before admitting such a statement, the court must hold a hearing outside the jury's presence and apply the Maryland Rules of Evidence strictly, finding by a preponderance of evidence that the defendant indeed caused the witness's unavailability. Additionally, the statement must meet specific documentation requirements, such as being given under oath, in writing, or recorded verbatim, and the party seeking to introduce the statement must notify the opposing side about the statement's details and intended witness as soon as practicable after learning the declarant will be unavailable. The bill is set to take effect on October 1, 2025, and expands existing law that previously only applied to felony cases to now include assault in the second degree cases.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0281?ys=2025RS