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 specified sexual offenses or involved in juvenile proceedings.

Additionally, the bill stipulates that the child or person with a mental illness or intellectual or developmental disability must be available to testify in court, and the statements must have substantial indicia of trustworthiness. The bill also includes a provision that requires the child or person to testify for the state upon motion in a criminal or delinquency proceeding. The act is set to take effect on July 1, 2025.