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MarylandSB 04652026 Regular SessionSenate

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

Sponsored By: Mary-Dulany James (Democratic)

Signed by Governor

Criminal Law - ProceduresAssaultEvidenceHearingsOathsRecordings -see also- VideoTrials

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Statements allowed after witness tampering

Beginning October 1, 2026, courts can admit certain out-of-court statements in felony and second-degree assault trials. The statement may be used against the party whose wrongdoing was meant to, and did, make the witness legally unavailable. The judge must hold a hearing without the jury, strictly follow evidence rules, and find this by a preponderance. The statement must be sworn, or written and signed, or recorded nearly verbatim when made. The offering party must promptly notify the other side, share the statement’s details, and name the witness.

Sponsors & Cosponsors

Sponsor

  • Mary-Dulany James

    Democratic • Senate

Cosponsors

  • Justin Ready

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 153 • No: 7

House vote • 4/3/2026

Third Reading Passed

Yes: 115 • No: 2 • Other: 12

Senate vote • 3/23/2026

Third Reading Passed

Yes: 38 • No: 5

Actions Timeline

  1. Approved by the Governor - Chapter 529

    5/12/2026

  2. Returned Passed

    4/6/2026Senate

  3. Third Reading Passed (115-2)

    4/3/2026House

  4. Favorable Adopted Second Reading Passed

    4/2/2026House

  5. Favorable Report by Judiciary

    4/2/2026House

  6. Hearing 3/31 at 1:00 p.m.

    3/26/2026House

  7. Referred Judiciary

    3/24/2026House

  8. Third Reading Passed (38-5)

    3/23/2026Senate

  9. Second Reading Passed

    3/20/2026Senate

  10. Favorable Adopted

    3/20/2026Senate

  11. Motion Special Order until Later Today (Senator Smith) Adopted

    3/20/2026Senate

  12. Favorable

    3/20/2026Senate

  13. Favorable Report by Judicial Proceedings

    3/20/2026Senate

  14. Hearing 2/11 at 2:00 p.m.

    2/9/2026Senate

  15. Hearing canceled

    2/9/2026Senate

  16. Hearing 2/11 at 1:00 p.m.

    2/4/2026Senate

  17. First Reading Judicial Proceedings

    2/2/2026Senate

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Third Reading

    3/20/2026

    PDF

  • First Reading

    2/2/2026

    PDF

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