BILL REQ. #:  H-0638.1 

Read first time 01/27/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to the admissibility of confessions and admissions in criminal and juvenile offense proceedings; and adding a new section to chapter 10.58 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 10.58 RCW to read as follows:
     (1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is incompetent to testify or is otherwise legally unavailable to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.
     (2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:
     (a) Whether there is any evidence corroborating or contradicting the facts set out in the statement;
     (b) The character of the witness reporting the statement;
     (c) The number of witnesses to the statement;
     (d) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or
     (e) The relationship between the witness and the defendant.
     (3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.
     (4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict.