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

SB 465 modifies Maryland's evidence rules to allow certain out-of-court statements in second-degree assault cases when the defendant caused the witness's unavailability through wrongdoing. It permits statements made under oath, in writing with the declarant's signature, or recorded verbatim to be admitted if the court finds by a preponderance of evidence that the defendant engaged in wrongdoing to make the witness unavailable. Before admitting such a statement, the court must hold a separate hearing outside the jury's presence to verify the defendant's wrongdoing. This bill directly affects defendants charged with second-degree assault and prosecutors seeking to use specific witness statements in trial.