HB 281 Maryland House of Delegates · 2025 Regular Session

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

HB 281 modifies Maryland's criminal procedure rules to allow certain out-of-court statements in assault in the second degree cases. It permits statements (like sworn testimony, written affidavits, or recorded statements) to be admitted as evidence if the defendant caused the witness's unavailability through wrongdoing. Before admission, a judge must hold a separate hearing to verify the defendant's wrongdoing by a preponderance of evidence, applying strict evidence rules. This directly affects defendants charged with assault in the second degree and the prosecution's ability to use such statements in trial. The bill takes effect October 1, 2025.
Bill status passed 3 of 5 stages cleared
Introduction
Oct 2024
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Governor
Introduced Oct 31, 2024 Last action Feb 28, 2025
Floor votes · House of Delegates Feb 24, 2025

How they voted

1300
Passed · 7 other
Total votes 137
Feb 24, 2025
D Democratic98
92 Yea 6
93% Yea
R Republican39
38 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
4
Committee
4
Feb 28, 2025
Committee
Referred Judicial Proceedings
upper
Feb 27, 2025
Lower · Passed
Third Reading Passed
lower
Feb 25, 2025
Lower · Passed
Favorable Adopted Second Reading Passed
lower
Feb 24, 2025
Lower · Passed
Favorable Report by Judiciary
lower
Feb 24, 2025
House Of Delegates · Passed
House of Delegates Vote: pass (130-0-7)
house of delegates
Jan 8, 2025
Committee
First Reading Judiciary
lower
Oct 31, 2024
Introduced
Pre-filed
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Elizabeth Embry
Elizabeth Embry
DDemocratic
MD
43A