This bill amends existing Washington state laws regarding the admissibility of children's testimony in dependency and criminal proceedings. It allows statements made by children under the age of 18 to be admissible if they describe acts of sexual contact, physical abuse, trafficking, or violent offenses, provided that the court finds the statements reliable and the child is either available to testify or corroborative evidence exists if they are not. The bill also specifies that the definitions of "violent offense" align with existing legal definitions and introduces new criteria for evaluating the admissibility of such statements.
Additionally, the bill outlines procedures for allowing child witnesses to testify via closed-circuit television to minimize trauma. It establishes conditions under which a child may testify outside the presence of the defendant and/or jury, ensuring that the child's emotional and mental well-being is prioritized. The court must find that the child would be significantly traumatized by testifying in person, and it must balance the rights of the defendant with the need to protect the child. The bill also mandates that the state cover the costs associated with the closed-circuit television procedure and emphasizes that this does not create an automatic right for children to testify in this manner. The act is declared necessary for the immediate preservation of public peace, health, or safety, and takes effect immediately.
Statutes affected: Original Bill: 9A.44.120, 9A.44.150
Substitute Bill: 9A.44.120, 9A.44.150