Reduction Facilities and Veterans Service Organizations - Hydrolyzed and Soil Remains - Immunity
HB0677 would create a new hearsay rule in Maryland criminal procedure allowing courts to admit certain out-of-court statements made by a “vulnerable adult” victim or witness, so long as the statement has sufficient indicia of trustworthiness and meets the bill’s procedural requirements. A vulnerable adult is defined as either an adult who lacks the physical or mental capacity to provide for daily needs or any person age 68 or older. The bill applies to statements offered in criminal cases involving a specified set of offenses, including assault, sexual offenses, attempted rape, abuse or neglect of a vulnerable adult, theft, identity fraud, financial crimes against vulnerable adults, and crimes of violence.
Before such a statement may be used, the court must hold an evaluation hearing and consider a detailed list of factors bearing on reliability, including the declarant’s personal knowledge, the circumstances and timing of the statement, possible motives to fabricate, whether leading questions were used, and whether the declarant was in pain or distress. The statement may be admitted only if it is not otherwise admissible under another hearsay exception and the vulnerable adult testifies at the evaluation hearing. The bill also requires the State to give advance notice to the defendant, including any recording of the statement or, if no recording exists, the statement’s content, and it permits testimony by remote electronic participation under the Maryland Rules. The court must place specific findings on the record, and the Act would take effect October 1, 2025.
The bill would add a new section to the Criminal Procedure Article governing admissibility of out-of-court statements in criminal proceedings, expanding the circumstances under which prosecutors may use statements from older or otherwise vulnerable adults. It would affect evidentiary practice, pretrial notice obligations, and hearing procedures in cases involving abuse, violence, and certain property and financial crimes, while also providing defendants procedural protections through notice, a reliability hearing, and on-the-record findings. The measure would particularly affect prosecutors, defense counsel, courts, and vulnerable adult victims and witnesses.
The available record shows no committee transcript, vote tally, or recorded debate, so there is no direct evidence of public controversy or support in the materials provided. Based on the bill’s structure, the measure appears designed to strengthen protections for vulnerable adult victims and witnesses and to improve the ability of the State to present their statements in court, while preserving judicial screening for reliability. The absence of recorded opposition or amendments in the provided context suggests the bill was at least procedurally advancing without documented opposition in this dataset.
The main points of potential contention are the expansion of admissible hearsay and the definition of who qualifies as a vulnerable adult, especially the inclusion of anyone age 68 or older. Defense interests may object that the bill broadens the use of out-of-court statements in criminal cases and could increase the risk of unreliable evidence being admitted, even with a trustworthiness hearing. Supporters are likely to emphasize the need to protect older adults and adults with diminished capacity, particularly in abuse, sexual offense, theft, identity fraud, and financial exploitation cases, where victims or witnesses may be unable or unwilling to testify fully in person.