H-3850              _______________________________________________

                                                   HOUSE BILL NO. 1534

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

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

Read first time 1/20/88 and referred to Committee on Judiciary.

AN ACT Relating to testimony of children; adding new sections to chapter 5.60 RCW; and repealing RCW 9A.44.120.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Sections 1 through 4 of this act apply only to dependency proceedings under Title 13 RCW and criminal proceedings and only for statements made by a child ten years of age or younger describing any act of sexual contact with or on the child.  For purposes of sections 1 through 4 of this act, "sexual contact" is defined in RCW 9A.44.100(2).

NEW SECTION. Sec. 2.     The recording of an oral statement of the child made before the proceeding begins is admissible into evidence if:

          (1) No attorney for either party was present when the statement was made;

          (2) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

          (3) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;

          (4) The statement was not made in response to questioning calculated to lead the child to make a particular statement;

          (5) Every voice on the recording is identified;

          (6) The person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party;

          (7) The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence; and

          (8) The child is available to testify.

NEW SECTION. Sec. 3.     The court may, on the motion of the attorney for any party, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding.  Only the attorneys for the defendant and for the state, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his or her testimony.  Only the attorneys may question the child.  The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his or her testimony, but does not permit the child to see or hear them.  The court shall permit the defendant to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the defendant.

NEW SECTION. Sec. 4.     The court may, on the motion of the attorney for any party, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of act in the proceeding.  Only those persons permitted to be present at the taking of testimony under section 3 of this act may be present during the taking of the child's testimony, and the persons operating the equipment shall be confined from the child's sight and hearing as provided by section 3 of this act.  The court shall permit the defendant to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the defendant.  The court shall also ensure that:

          (1) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

          (2) The recording equipment was capable of making an accurate recording, the operator was competent and the recording is accurate and is not altered;

          (3) Each voice on the recording is identified; and

          (4) Each party is afforded an opportunity to view the recording before it is shown in the courtroom.

NEW SECTION. Sec. 5.  Section 2, chapter 129, Laws of 1982, section 1, chapter 404, Laws of 1985 and RCW 9A.44.120 are each repealed.

NEW SECTION. Sec. 6.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7.     Sections 1 through 4 of this act are each added to chapter 5.60 RCW.