HB0477 • 2026

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

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Delegates Embry , Boyce , Kaufman , Simmons , and Stinnett
Last action: 2026-02-22
Official status: In the Senate - First Reading Judicial Proceedings
Effective date: 2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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.

What This Bill Does

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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-03-02 House
Favorable Report by Judiciary
2026-02-23 House
Third Reading Passed (123-0)
2026-02-22 House
Favorable Adopted
2026-02-22 House
Second Reading Passed
2026-02-22 Senate
Referred Judicial Proceedings
2026-01-29 House
Hearing 2/10 at 1:00 p.m.
2026-01-23 House
First Reading Judiciary
Maryland General Assembly
Text - First - Criminal Procedure - Admission of Out-of-Court Statements - Assault in the Second Degree
Maryland General Assembly
Vote - House - Committee - Judiciary
Maryland General Assembly
Text - Third - Criminal Procedure - Admission of Out-of-Court Statements - Assault in the Second Degree

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0477*

HOUSE BILL 477
E2 6lr2614
HB 281/25 – JUD
By: Delegates Embry, Boyce, Kaufman, Simmons, and Stinnett
Introduced and read first time: January 23, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 22, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Procedure – Admission of Out–of–Court Statements – Assault in the 2
Second Degree 3

FOR the purpose of providing that under certain circumstances a certain statement made 4
by a certain declarant is not excluded by the hearsay rule during the trial of a 5
criminal case in which the defendant is charged with assault in the second degree; 6
and generally relating to the admission of out–of–court statements. 7

BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 10–901 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Courts and Judicial Proceedings 15

10–901. 16

(a) During the trial of a criminal case in which the defendant is charged with a 17
felony OR AN ASSAULT IN THE SECOND DEGREE, a statement as defined in Maryland 18
Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party 19
that has engaged in, directed, or conspired to commit wrongdoing that was intended to and 20
2 HOUSE BILL 477

did procure the unavailability of the declarant of the statement, as defined in Maryland 1
Rule 5–804. 2

(b) Subject to subsection (c) of this section, before admitting a statement under 3
this section, the court shall hold a hearing outside the presence of the jury at which: 4

(1) The Maryland Rules of Evidence are strictly applied; and 5

(2) The court finds by a preponderance of the evidence that the party 6
against whom the statement is offered engaged in, directed, or conspired to commit the 7
wrongdoing that procured the unavailability of the declarant. 8

(c) A statement may not be admitted under this section unless: 9

(1) The statement was: 10

(i) Given under oath subject to the penalty of perjury at a trial, 11
hearing, or other proceeding or in a deposition; 12

(ii) Reduced to writing and signed by the declarant; or 13

(iii) Recorded in substantially verbatim fashion by stenographic or 14
electronic means contemporaneously with the making of the statement; and 15

(2) As soon as is practicable after the propon ent of the statement learns 16
that the declarant will be unavailable, the proponent notifies the adverse party of: 17

(i) The intention to offer the statement; 18

(ii) The particulars of the statement; and 19

(iii) The identity of the witness through whom the statement will be 20
offered. 21

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23