SENATE BILL REPORT

SB 5066

BYSenators Talmadge, Nelson, Halsan, Newhouse, Bottiger, Moore, Vognild, Rasmussen and Hayner

Defining nonhearsay statements.

Senate Committee on Judiciary

Senate Hearing Date(s):January 16, 1987; January 19, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Debra Cheatum (786-7418)

                  January 19, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 19, 1987

BACKGROUND:

Because of their age, children who have been physically or sexually abused and make statements with regard to such abuse are often coerced or intimidated by the perpetrator, family members, or others into retracting such statements.  A child's prior statements regarding abuse, under current law, are hearsay and are generally inadmissable as substantive evidence.  Without the child's prior statement, it often becomes impossible to prosecute such cases.

SUMMARY:

A definition of nonhearsay statements is created.  A statement is not hearsay if 1) the declarant testifies at trial and is subject to cross examination concerning the statement, 2) the statement is inconsistent with his or her testimony, 3) the declarant is under the age of 18 at the time of his or her testimony, and 4) the statement describes an act of physical or sexual contact with the declarant.

Fiscal Note:      none requested

Senate Committee - Testified: Monica Benton, King County Prosecutor's Office; Della Cornwall, SOFT