AN ACT Relating to civil and criminal proceedings in sexual offense cases; adding a new section to chapter 9A.44 RCW; and adding new sections to chapter 13.34 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9A.44 RCW to read as follows:

(1) This section applies only to a criminal proceeding involving a sexual offense alleged to have been committed against a child ten years of age or younger. Subsection (2) of this section applies only to the statements of that child, and subsections (3) and (4) of this section apply only to the testimony of that child.

(2) The recording of an oral statement of the child made before the proceeding begins is admissible into evidence if the statement is admissible pursuant to RCW 9A.44.120 and if:

(a) No attorney for either party was present when the statement was made;

(b) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(c) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;

(d) The statement was not made in response to questioning calculated to lead the child to make a particular statement;

(e) Every voice on the recording is identified;

(f) The person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and

(g) The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence.

(3) The court may, on the motion of the attorney for any party, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding. Only the attorneys for the defendant and for the state, the defendant, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during the testimony. Only the attorneys may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the testimony, but does not permit the child to see or hear them. The court shall also ensure that:

(a) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(b) The recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered;

(d) Each party is afforded an opportunity to view the recording before it is shown in the courtroom.

(4) If the court orders the testimony of a child to be taken under subsection (3) of this section, the child shall not be required to testify in court at the proceeding for which the testimony was taken.

NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

(1) This section applies only to a dependency proceeding involving a sexual offense alleged to have been committed against a child ten years of age or younger. Subsection (2) of this section applies only to the statements of that child, and subsections (3) and (4) of this section apply only to the testimony of that child.

(2) The recording of an oral statement of the child made before the proceeding begins is admissible into evidence if the statement is admissible pursuant to section 3 of this act and if:

(a) No attorney for either party was present when the statement was made;

(b) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(c) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;

(d) The statement was not made in response to questioning calculated to lead the child to make a particular statement;

(e) Every voice on the recording is identified;

(f) The person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and

(g) The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence.

(a) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(b) The recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered;

(d) Each party is afforded an opportunity to view the recording before it is shown in the courtroom.

NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW 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, not otherwise admissible by statute or court rule, is admissible in evidence in a dependency proceeding brought under this chapter 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 the proponent's 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.