H-2167.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1830

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives H. Myers, Riley, Padden, Appelwick, Cooper, Winsley, D. Sommers, Bowman, Paris, Miller, R. Johnson, Brough, Silver, Forner, Ebersole, Fuhrman, Rasmussen, Brumsickle and Moyer).

Read first time March 5, 1991.  Clarifying that provisions relating to admissibility of children's statements apply to juvenile proceedings.

     AN ACT Relating to admissibility of children's statements; amending RCW 9A.44.120; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.      This act is intended to clarify the original intent of the legislature that RCW 9A.44.120 be applied to juvenile as well as adult criminal proceedings.  This act is not intended to make any substantive change to RCW 9A.44.120.

     Sec. 2.  RCW 9A.44.120 and 1985 c 404 s 1 are each amended to read as follows:

     A statement made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings under Title 13 RCW and adult and juvenile criminal proceedings in the courts of the state of Washington if:

     (1) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and

     (2) The child either:

     (a) Testifies at the proceedings; or

     (b) Is unavailable as a witness:  PROVIDED, That when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.

     A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.

NEW SECTION. Sec. 3.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.