S-489                 _______________________________________________

                                                   SENATE BILL NO. 5066

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Talmadge, Nelson, Halsan, Newhouse, Bottiger, Moore, Vognild, Rasmussen and Hayner

Read first time 1/14/87 and referred to Committee on Judiciary.

AN ACT Relating to the definition of nonhearsay statements; and adding a new section to chapter 5.64 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 5.64 RCW to read as follows:

          A statement is not hearsay if:

          (1) The declarant testifies at trial or hearing and is subject to cross-examination concerning the statement;

          (2) The statement is inconsistent with his or her testimony;

          (3) The declarant is under the age of eighteen at the time of his or her testimony; and

          (4) The statement describes an act of physical or sexual contact committed upon the declarant.