The bill H.5, introduced by Representatives Arsenault and LaLonde, seeks to amend Rule 804a of the Vermont Rules of Evidence to extend the hearsay exception to children who are under 16 years of age, specifically targeting those who are victims of abuse. The current law limits this exception to children aged 12 and under. The proposed changes include the deletion of the age restriction of "12" and the insertion of "16 years of age," thereby allowing statements made by children aged 13 to 15 to be admissible in court under certain conditions, such as being a putative victim of specific sexual offenses or involved in juvenile proceedings.

Additionally, the bill stipulates that the statements must be made in a context that provides substantial trustworthiness and that the child or individual with a mental illness or intellectual disability must be available to testify. The bill also includes a provision that requires the court to mandate testimony from the child or individual in criminal or delinquency proceedings upon motion from either party. The act is set to take effect on July 1, 2025.