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 testifying or unavailable as a witness. The bill introduces specific criteria for the admissibility of such statements, including the requirement for corroborative evidence when the child is unavailable, and mandates that the proponent of the statement must inform the opposing party in advance.
Additionally, the bill outlines procedures for allowing child witnesses to testify via closed-circuit television to minimize trauma. It specifies conditions under which a child may testify outside the presence of the defendant and/or jury, including the need for substantial evidence of potential trauma to the child. The bill also emphasizes the importance of preparing the child for testimony and balancing the rights of the defendant with the need to protect the child witness. The act is declared an emergency measure, taking effect immediately to ensure the protection of child witnesses in legal proceedings.
Statutes affected: Original Bill: 9A.44.120, 9A.44.150
Substitute Bill: 9A.44.120, 9A.44.150