Bill > HB477

This bill expands an existing rule of evidence in Maryland to allow certain out-of-court statements to be admitted in criminal trials for assault in the second degree, even if they would normally be excluded by the hearsay rule. Hearsay refers to an out-of-court statement offered in court to prove the truth of the matter asserted. The bill specifies that if a defendant is charged with assault in the second degree, a statement made by a witness (the "declarant") can be used against a party if that party, or someone acting on their behalf, intentionally caused the witness to be unavailable to testify in court, for example, by intimidating them or making them flee. Before such a statement can be admitted, the court must hold a hearing outside the jury's presence and find by a preponderance of the evidence (meaning it's more likely than not) that the party against whom the statement is offered was responsible for the witness's unavailability. Additionally, the statement itself must have been made under oath, in writing and signed, or recorded contemporaneously and verbatim, and the party intending to use the statement must notify the opposing party of their intent, the statement's details, and the witness who will present it. This change is set to take effect on October 1, 2026.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0477?ys=2026RS