5627-S AMH JUDI ADAM 84

SSB 5627 - H COMM AMD

By Committee on Judiciary

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. A new section is added to chapter 10.58 RCW to read as follows:

   (1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.

   (2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:

   (a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;

   (b) The character of the witness reporting the statement and the number of witnesses to the statement;

   (c) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or

   (d) The relationship between the witness and the defendant.

   (3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.

   (4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict."

EFFECT: Limits application of the bill to criminal proceedings where the victim is either dead or incompetent to testify. Specifically provides that the court must consider whether there is any evidence corroborating or contradicting the elements of the offense set out in the statement in determining whether the statement is trustworthy. Combines two of the other factors the court must consider into one subsection. (These changes make the bill identical to EHB 1427.)