S-807                 _______________________________________________

                                                   SENATE BILL NO. 3506

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Bailey, Vognild, Saling, McManus, Johnson, Barr, Cantu and Lee

Read first time 2/1/85 and referred to Committee on Judiciary.

AN ACT Relating to children's testimony; amending RCW 5.60.050; adding a new section to chapter 5.60 RCW; and repealing RCW 9A.44.120.

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

NEW SECTION. Sec. 1.  Section 2, chapter 129, Laws of 1982 and RCW 9A.44.120 are each repealed.

        Sec. 2.  Section 293, page 186, Laws of 1854 as last amended by section 391, Code of 1881 and RCW 5.60.050 are each amended to read as follows:

          The following persons shall not be competent to testify:

          (1) Those who are of unsound mind, or intoxicated at the time of their production for examination, and

          (2) Except as provided under section 3 of this 1985 act, children under ten years of age, who appear incapable of receiving just impressions of the facts, respecting which they are examined, or of relating them truly.

NEW SECTION. Sec. 3.  A new section is added to chapter 5.60 RCW to read as follows:

          A statement made by a child when under the age of ten describing any act of sexual or physical contact performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in all proceedings 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 statement is reliable because the time, content, and circumstances of the statement provide sufficient indicia of reliability or there is corroborative evidence of the act; and

          (2) The child either:

          (a) Testifies at the proceedings; or

          (b) Is unavailable as a witness.

          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.