HOUSE BILL REPORT

HB 1534

BYRepresentatives 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

Authorizing children's testimony to be recorded and admissible as evidence in certain cases.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 4, 1988

BACKGROUND:

In both criminal and civil cases, the admissibility of evidence is governed by rules of evidence adopted by the Washington Supreme Court.  One major element of the rules of evidence is the regulation of hearsay, that is, statements made outside the courtroom.  The theory behind excluding hearsay statements is that there is no opportunity for the parties or the court to determine whether the person making the statement was telling the truth and whether the statement was reliable.  There are a number of exceptions to the general policy of excluding hearsay statements.  These exceptions have developed because there is a belief that statements made under the circumstances covered by the exceptions are generally reliable.

Admitting hearsay statements in criminal cases presents the added complexity of the criminal defendant's constitutional right to confront his or her accusers. If hearsay is allowed, the defendant may not be able to confront the witness and challenge the statement.  The courts have allowed hearsay statements even in the face of this constitutional challenge, but with substantial restrictions.

Under current Washington law, an out of court statement of a child under ten years of age may be admitted into evidence in dependency proceedings in juvenile court and in criminal prosecutions.  The statement must be limited to descriptions of sexual contact involving the child.  There is no requirement that the statement be recorded on tape or otherwise.

SUMMARY:

SUBSTITUTE BILL:  Either party to a criminal proceeding may petition the court to have the statement of a child ten years or younger televised to the defendant in another room.  The testimony must relate to a description of sexual contact.  The court must find that testimony by the child in front of the defendant would cause emotional harm to the child.  The defendant must be able to communicate with his or her attorney.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill repealed the current law, authorized the admission of recorded statements made outside of the courtroom, and provided that the child would be in a separate room.  The substitute does not repeal the current law and addresses testimony at trial only.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor; Kathy Sullivan, DSHS; Lonnie Johns Brown, Washington Coalition of Sexual Assault Programs; Sol Gameron, King County Prosecutor's Office.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    In trials involving sexual abuse, small children may be easily intimidated by the defendant.  This bill balances the defendant's constitutional rights with the need to not traumatize the child witness any more than is absolutely necessary.

House Committee - Testimony Against:      None Presented.