This bill amends existing Washington state laws regarding the admissibility of children's testimony in dependency and criminal proceedings. It expands the criteria under which statements made by children under the age of 18 can be admitted as evidence. Specifically, it allows for the admission of statements that describe acts of sexual contact, physical abuse, trafficking, or violent offenses, whether committed against the child witness or another child. The bill also emphasizes the need for the court to find sufficient reliability in the circumstances surrounding the statement and requires corroborative evidence if the child is unavailable to testify.
Additionally, the bill outlines procedures for allowing child witnesses to testify via closed-circuit television to minimize trauma. It specifies conditions under which this method can be used, including the need for substantial evidence that the child would be traumatized by the presence of the defendant or jury. The bill also mandates that the court must balance the rights of the defendant with the need to protect the child witness, ensuring that all parties involved can communicate effectively during the testimony. Furthermore, it establishes that the state will cover the costs associated with the closed-circuit television procedure.
Statutes affected: Original Bill: 9A.44.120, 9A.44.150