SENATE BILL REPORT

SB 6765

BYSenators Nelson, Talmadge, Patrick and Sutherland

Allowing a child's statement concerning attempted acts of sexual contact to be admitted in court.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1990

Majority Report:     Do pass.

     Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Madsen, Newhouse, Niemi, Patrick, Rasmussen, Talmadge, Thorsness.

Senate Staff:Anita Neal (786-7418)

                February 1, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 1, 1990

BACKGROUND:

The law currently provides a hearsay exception for a statement made by a child under ten years of age describing an act of sexual contact performed with or on the child by another.  However, a statement describing an attempted act of sexual contact is currently not admissible in evidence in dependency and criminal proceedings.

SUMMARY:

A statement made by a child under the age of ten describing an attempted act of sexual contact with or on the child by another is admissible evidence in dependency and criminal proceedings in Washington courts, provided that the court finds the time, content and circumstances of the child's statement provide a sufficient indication that the statement is reliable.  The child must also testify at the proceeding; if the child is unavailable as a witness, there must be corroborative evidence of the act.

Fiscal Note:    none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   No one