S-1333.1  _______________________________________________

                         SENATE BILL 5866

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline, Long and Costa

Read first time 02/06/2001.  Referred to Committee on Judiciary.

Allowing confessions and other admissions to be admitted into evidence if substantial independent evidence establishes the trustworthiness of the statement.

    AN ACT Relating to the admissibility of confessions and admissions in criminal and juvenile offense proceedings; adding a new section to chapter 10.58 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature intends to strike a balance between public safety concerns, especially in prosecutions involving the victimization of infants and young children, and the need to maintain adequate safeguards against the introduction of unreliable confessions, admissions, or other statements of those accused of crimes.

NEW SECTION. Sec. 2.  A new section is added to chapter 10.58 RCW to read as follows:

    (1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is incompetent to testify or is otherwise legally unavailable to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.

    (2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:

    (a) Whether there is any evidence corroborating or contradicting the facts set out in the statement;

    (b) The character of the witness reporting the statement;

    (c) The number of witnesses to the statement;

    (d) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or

    (e) The relationship between the witness and the defendant.

    (3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.

    (4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict.

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