SENATE BILL REPORT

                           SJR 8210

                    AS OF FEBRUARY 5, 1993

Brief Description:  Concerning the testimony of children in sex crime prosecutions.

SPONSORS: Senators Wojahn, Sellar, Fraser, Newhouse, A. Smith, L. Smith, Bauer, Franklin, Hochstatter, McDonald, Cantu, Barr, Sutherland, West, Roach, Bluechel, Prentice, Deccio, Pelz, Snyder, M. Rasmussen, Moyer, von Reichbauer and Erwin

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Tom McBride (786‑7418)

Hearing Dates: February 9, 1993

BACKGROUND:

In 1990 the Legislature authorized courts to allow child abuse victims under the age of ten to testify by closed-circuit television.  This procedure may only be used if the court finds that testifying in front of the defendant would cause the child serious emotional or mental distress that would prevent the child from being able to communicate at the trial.

The United States Supreme Court has ruled that a Maryland statute similar to Washington's did not violate the Sixth Amendment right to confront witnesses.  The Sixth Amendment states that in criminal cases "the accused shall enjoy the right...to be confronted with the witnesses against him."  The confrontation section in the Washington Constitution states "the accused shall have the right...to meet the witnesses against him face to face,..." 

There is a concern that because of the difference in language, Washington courts may find that the State Constitution provides more stringent protections than the Sixth Amendment in the context of testimony by closed circuit television.  Because of this issue, prosecutors may be reluctant to use the new law allowing closed circuit testimony.

SUMMARY:

The resolution amends the Washington Constitution to provide that in criminal prosecutions involving sexual contact with a child ten years of age or younger the court may order the testimony of the victim to be taken outside the courtroom and televised live into the courtroom. 

Appropriation:  none 

Revenue:  none

Fiscal Note:  none requested