SENATE BILL REPORT

                                    SB 6107

                            AS OF JANUARY 23, 1992

Brief Description:  Defining corroborative evidence for the admission of a child's hearsay statement.

SPONSORS: Senators Nelson, Rasmussen, Thorsness and Craswell

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Susan Carlson (786‑7418)

Hearing Dates: January 28, 1992

BACKGROUND:

In 1982, the Legislature enacted the child hearsay statute which allows certain statements made by children under the age of ten to be admitted in evidence in criminal cases involving sexual contact with the child.  If the child is found to be unavailable as a witness, the statement may only be admitted if there is corroborative evidence of the act.  The term "corroborative evidence" is not defined in the statute.

Concern has been expressed that the Legislature should provide a standard to be applied by judges when determining whether sufficient corroborating evidence has been introduced to allow admission of the child's hearsay statements.    

SUMMARY:

Corroborative evidence is defined as evidence that supports to a substantial degree a logical and reasonable inference that the act described in the hearsay statement occurred.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested