Bill > HB677

This bill introduces a new legal provision allowing courts to admit out-of-court statements from vulnerable adult victims or witnesses in certain criminal proceedings, with specific safeguards to ensure reliability. A "vulnerable adult" is defined as someone who either lacks the physical or mental capacity to care for themselves or is at least 68 years old. The bill establishes a comprehensive framework for evaluating the trustworthiness of such statements, requiring the court to hold a hearing and consider factors like the statement's context, the individual's cognitive ability, potential motives for fabrication, spontaneity, consistency, and extrinsic evidence. The provision applies to specific types of criminal cases, including assault, sexual offenses, abuse, theft, and other violent crimes. To protect defendants' rights, the state must provide notice of the intended statement at least 20 days before the proceeding, and the vulnerable adult must testify at the evaluation hearing. Additionally, the bill allows vulnerable adults to testify remotely and requires the court to document specific findings supporting its decision. The new law is set to take effect on October 1, 2025, providing a more nuanced approach to incorporating statements from vulnerable adults in criminal proceedings while maintaining significant procedural protections.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0677?ys=2025RS