The bill H.5 amends Rule 804a of the Vermont Rules of Evidence to expand the hearsay exception for statements made by children and individuals with mental illnesses or intellectual or developmental disabilities. Specifically, it raises the age limit for children from 12 to under 16 years of age, allowing their statements to be admissible in court under certain conditions. These conditions include that the statements must be related to specific crimes such as sexual assault or abuse, must not have been taken in preparation for legal proceedings, and the individual must be available to testify in court.
Additionally, the bill stipulates that in criminal or delinquency proceedings, the court can require the child or individual with a mental illness or disability to testify for the state. The act is set to take effect on July 1, 2026.