SENATE BILL REPORT

                                    SB 5065

         AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 13, 1991

Brief Description:  Allowing a child's statement concerning attempted acts of sexual contact to be admitted in court.

SPONSORS:Senators Nelson, Metcalf, McCaslin, Bailey, Erwin, Stratton, Thorsness and Conner.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 5065 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Erwin, Hayner, L. Kreidler, Madsen, Newhouse, Rasmussen, and A. Smith.

Staff:  Susan Carlson  (786‑7418)

Hearing Dates:February 4, 1991; February 13, 1991

BACKGROUND:

The child hearsay exception allows certain statements made by a child under the age of ten describing any act of sexual contact performed with or on the child by another to be admitted in dependency and criminal proceedings.   

There is a concern that the child hearsay exception should also apply to statements describing attempted acts of sexual contact.

SUMMARY:

The child hearsay exception is expanded to include application to statements made by a child under the age of ten describing any attempted act of sexual contact with or on the child by another. 

EFFECT OF PROPOSED SUBSTITUTE:

The substitute bill clarifies that the child hearsay exception applies to juvenile offender cases and provides that the act takes effect immediately.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The child hearsay exception should be available in cases of attempted sexual contact.

TESTIMONY AGAINST:  None

TESTIFIED:  J. Reiko Cushman, Thurston County Prosecutor's Office (pro); Dawn Larsen, Washington Coalition of Sexual Assault Programs (pro)