H-3641.1 _______________________________________________
HOUSE BILL 2639
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State of Washington 56th Legislature 2000 Regular Session
By Representatives Dickerson, Hurst, McDonald, Lantz, O'Brien, Kastama, Constantine, Lovick, H. Sommers, Campbell and Edmonds
Read first time 01/18/2000. Referred to Committee on Judiciary.
AN ACT Relating to statements made by vulnerable adults; and adding a new section to chapter 10.58 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 10.58 RCW to read as follows:
(1) A statement made by a vulnerable adult describing any act or attempted act of sexual abuse on the vulnerable adult by another or describing any act of physical abuse of the vulnerable adult that results in substantial bodily harm as defined by RCW 9A.04.110, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings if:
(a) The court finds, in a hearing conducted outside the presence of a jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and
(b) The vulnerable adult either:
(i) Testifies at the proceedings; or
(ii) Is unavailable as a witness and there is corroborative evidence of the act.
(2) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his or her 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.
(3) For the purposes of this section, "vulnerable adult" means a person sixty years of age or older who:
(a) Has functional, mental, or physical inability to care for himself or herself;
(b) Is found incapacitated under chapter 11.88 RCW; or
(c) Has a developmental disability as defined under RCW 71A.10.020.
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