SUBSTITUTE HOUSE BILL 1830







                        52nd Legislature

                      1991 Regular Session



Passed by the House March 18, 1991

  Yeas 98   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate April 12, 1991

  Yeas 40   Nays 0




President of the Senate












Governor of the State of Washington



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1830 as passed by the House of Representatives and the Senate on the dates hereon set forth.




                                      Chief Clerk











                        Secretary of State   

                       State of Washington  




                            SUBSTITUTE HOUSE BILL 1830



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1991 Regular Session



State of Washington              52nd Legislature             1991 Regular Session


By House Committee on Judiciary (originally sponsored by Representatives H. Myers, Riley, Padden, Appelwick, Cooper, Winsley, D. Sommers, Bowman, Paris, Miller, R. Johnson, Brough, Silver, Forner, Ebersole, Fuhrman, Rasmussen, Brumsickle and Moyer).


Read first time March 5, 1991.  Clarifying that provisions relating to admissibility of children's statements apply to juvenile proceedings.

     AN ACT Relating to admissibility of children's statements; amending RCW 9A.44.120; and declaring an emergency.




     Sec. 1.  RCW 9A.44.120 and 1985 c 404 s 1 are each amended to read as follows:

     A statement made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another or describing any attempted act of sexual contact with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings under Title 13 RCW and criminal proceedings, including juvenile offense adjudications, in the courts of the state of Washington if:

     (1) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and

     (2) The child either:

     (a) Testifies at the proceedings; or

     (b) Is unavailable as a witness:  PROVIDED, That when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.

     A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.


     NEW SECTION.  Sec. 2.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.