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 this method can be used, such as the potential for emotional distress caused by the presence of the defendant or jury. The court must conduct a hearing to assess the child's ability to testify in person and make detailed findings on the record regarding the factors influencing the decision. The bill also states that the state will cover the costs associated with the closed-circuit television procedure and emphasizes that this method does not create an automatic right for child witnesses to avoid testifying in open court. The act is declared an emergency and takes effect immediately.

Statutes affected:
Original Bill: 9A.44.120, 9A.44.150
Substitute Bill: 9A.44.120, 9A.44.150