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SB 333

Criminal Procedure - Victims and Witnesses - Out of Court Statement of Child to Forensic Interviewer

2025 Regular Session Introduced by William Folden and 1 co-sponsor

Maryland law now allows child victims' recorded statements to forensic interviewers as trial evidence, enabling abuse prosecutions without requiring traumatized children to testify.

Approved by the Governor - Chapter 148
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Bill Summary · SB 333

Legislative bill overview

SB 333 allows out-of-court statements made by children to forensic interviewers to be admissible as evidence in criminal proceedings, under specific circumstances. The bill modifies Maryland's hearsay rules to create an exception for child abuse and neglect cases where the child's statement was recorded during a professional forensic interview.

Why is this important

Child abuse and neglect cases often rely heavily on statements from young victims who may be traumatized, unable to testify, or unavailable at trial. This law aims to preserve evidence of abuse while reducing the need for children to repeatedly recount traumatic experiences in courtroom settings, potentially making prosecutions more effective while protecting child witnesses.

Potential points of contention

  • Accuracy and suggestibility concerns: Forensic interview techniques have been studied for variability in how they're conducted; critics worry improper interviewing methods could introduce false or contaminated statements into evidence
  • Defense cross-examination limitations: Admitting out-of-court statements may limit defendants' ability to cross-examine accusers in real-time, raising Sixth Amendment confrontation clause questions
  • Potential for abuse: Broader hearsay exceptions could theoretically be used to introduce statements from witnesses who are unavailable or unwilling to testify, shifting evidentiary burdens

Compiled from official sources — confirm details with the bill’s official record.

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