SENATE BILL REPORT

SSB 6322

BYSenate Committee on Law & Justice (originally sponsored by Senators Zimmerman, Bailey, Metcalf, Saling and Kiskaddon)

Providing time for trial of defendant in cases involving child abuse.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6322 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 11, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

Concern exists that lengthy delay in trial of the accused and the resulting delay in the testimony of the child victim may impair the value of the testimony and impair treatment of the emotional problems of the child abuse victim.  Delay often entails repetitive interviewing of alleged child sexual abuse victims.  Literature on the topic suggests repetitive interviewing by several parties with varying skill levels and motives tends to increase the child's sense of guilt and shame, invades the child's sense of privacy and confidentiality, and conveys a sense that "we don't believe you."  Besides adding to the trauma, delay can lead to inconsistencies in the child's story causing the defense to then raise charges of fabrication.

SUMMARY:

The court may not grant an extension without a hearing beyond the originally scheduled trial date in cases involving child sex abuse.  The court must find substantial and compelling reasons for granting an extension.  When an extension is granted the court must set forth written reasons for the decision.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Seth Dawson, Prosecuting Attorney, Snohomish County