SENATE BILL REPORT

ESHB 1534

BYHouse Committee on Judiciary (originally sponsored by Representatives Holm, Leonard, Moyer, Pruitt, Sayan, Cole, Dorn, Cooper, Walker, Rasmussen, Unsoeld, Belcher, Basich, Wang, Jacobsen, Rayburn, Scott, Spanel, Wineberry, Baugher, Jones, Winsley, Brekke, Taylor and Lux)

Authorizing children's testimony to be recorded and admissible as evidence in certain cases.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 24, 1988; February 26, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Hayner, Madsen, Nelson, Newhouse, Talmadge.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 26, 1988

AS REPORTED BY COMMITTEE LAW & JUSTICE, FEBRUARY 26, 1988

BACKGROUND:

In both criminal and civil cases, the admissibility of evidence is governed by rules adopted by the Washington Supreme Court.  One major element of the rules of evidence is the regulation of hearsay, that is, statements made outside the courtroom.  The theory behind excluding hearsay statements is that there is no opportunity for the parties or the court to determine whether the person making the statement was telling the truth and whether the statement was reliable.  There are a number of exceptions to the general policy of excluding hearsay statements.  These exceptions have developed because there is a belief that statements made under the circumstances covered by the exceptions are generally reliable.

Admitting hearsay statements in criminal cases presents the added complexity of the criminal defendant's constitutional right to confront his or her accusers. If hearsay is allowed, the defendant may not be able to confront the witness and challenge the statement.  The courts have allowed hearsay statements even in the face of this constitutional challenge, but with substantial restrictions.

Under current Washington law, an out of court statement of a child under ten years of age may be admitted into evidence in dependency proceedings in juvenile court and in criminal prosecutions.  The statement must be limited to descriptions of sexual contact involving the child.  There is no requirement that the statement be recorded on tape or otherwise.

SUMMARY:

In a criminal proceeding the state may petition the court to have the statement of a child ten years or younger televised to the defendant in another room or have the child's statement taken in another room and televised into the courtroom.  The testimony must relate to a description of sexual contact.  The court must find that testimony by the child in front of the defendant or the jury would cause severe emotional harm to the child.  If the child's statement is taken in another room, only counsel and equipment operators may be in the room with the child.  The defendant must be able to communicate with his or her attorney.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Provisions allowing child testimony to be taken in a room other than the courtroom and simultaneously viewed by closed circuit equipment in the courtroom are omitted.

The child hearsay rule is modified to allow the child hearsay provisions to apply to all court proceedings.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Saul Gamoran, King County Prosecutor; Kern Cleven, Washington Association of Crijminal Defense Lawyers