Z-537                 _______________________________________________

 

                                                   SENATE BILL NO. 3481

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Wojahn and Bluechel; by Attorney General request

 

 

Read first time 1/31/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to children's testimony; and adding a new section 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 13.34 RCW to read as follows:

          A statement made by a child when under the age of ten describing abuse or neglect of the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings in the courts of the state of Washington if:

          (1) The court finds content and circumstances of the statement provide sufficient indicia of reliability; and

          (2) The child either:

          (a) Testifies at the proceedings; or

          (b)If 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.