SENATE BILL REPORT

SB 5113

BYSenators Pullen, Madsen, Thorsness, McCaslin, Bailey, Amondson and Saling

Limiting delays in trial dates for crimes involving child abuse.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 12, 1989; January 19, 1989

Majority Report:  Do pass.

      Signed by Senators Kent Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Rasmussen, Thorsness.

Senate Staff:Joyce Ansley (786-7418)

                  March 15, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 19, 1989

BACKGROUND:

Concern exists that lengthy delay in trial of the accused and the resulting delay in the testimony of the child victim may impair the value of the testimony and impair treatment of the emotional problems of the child abuse victim.  Delay often entails repetitive interviewing of alleged child abuse victims.  Literature on the topic suggests repetitive interviewing by several parties with varying skill levels and motives tends to increase the child's sense of guilt and shame, invades the child's sense of privacy and confidentiality, and conveys a sense that "we don't believe you."  Besides adding to the trauma, delay can lead to inconsistencies in the child's story causing the defense to then raise charges of fabrication.

SUMMARY:

The court may not grant an extension without a hearing beyond the originally scheduled trial date in cases involving child abuse.  The court must find substantial and compelling reasons for granting an extension.  When an extension is granted, the court must set forth written reasons for the decision.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Joyce Hopson, Department of Social and Health Services (pro); Seth Dawson, Snohomish County Prosecutor (pro); Lonnie Johns-Brown, Washington Association of Child Abuse Councils (pro); Charlie Williams, Washington Association of Criminal Defense Lawyers (con)