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2016 SESSION
SB 358 Hearsay exception; admissibility of statements by children in sexual conduct, etc., cases.
Introduced by: Ryan T. McDougle | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Hearsay; exception; children; certain felonies. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 at the time of trial in cases involving a violation or attempted violation of an "offense against children." The bill contains a list of certain felony sex offenses and certain felony offenses resulting in physical injury that fall within the definition of an "offense against children." The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render such statement inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings. This bill incorporates SB 421 and is identical to HB 227.
FULL TEXT
- 01/11/16 Senate: Prefiled and ordered printed; offered 01/13/16 16102658D pdf
- 02/03/16 Senate: Committee substitute printed 16105136D-S1 pdf
- 03/02/16 House: Committee substitute printed 16105718D-H1 pdf
- 03/10/16 Senate: Bill text as passed Senate and House (SB358ER) pdf
- 03/29/16 Governor: Acts of Assembly Chapter text (CHAP0542) pdf
HISTORY
- 01/11/16 Senate: Prefiled and ordered printed; offered 01/13/16 16102658D
- 01/11/16 Senate: Referred to Committee for Courts of Justice
- 02/03/16 Senate: Reported from Courts of Justice with substitute (10-Y 5-N)
- 02/03/16 Senate: Committee substitute printed 16105136D-S1
- 02/03/16 Senate: Incorporates SB421
- 02/05/16 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/08/16 Senate: Read second time
- 02/08/16 Senate: Reading of substitute waived
- 02/08/16 Senate: Committee substitute agreed to 16105136D-S1
- 02/08/16 Senate: Engrossed by Senate - committee substitute SB358S1
- 02/09/16 Senate: Read third time and passed Senate (32-Y 7-N)
- 02/11/16 House: Placed on Calendar
- 02/11/16 House: Read first time
- 02/11/16 House: Referred to Committee for Courts of Justice
- 02/19/16 House: Assigned Courts sub: Criminal Law
- 02/29/16 House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
- 03/02/16 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 03/02/16 House: Committee substitute printed 16105718D-H1
- 03/04/16 House: Read second time
- 03/07/16 House: Read third time
- 03/07/16 House: Committee substitute agreed to 16105718D-H1
- 03/07/16 House: Engrossed by House - committee substitute SB358H1
- 03/07/16 House: Passed House with substitute BLOCK VOTES (96-Y 0-N)
- 03/07/16 House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
- 03/08/16 Senate: House substitute agreed to by Senate (38-Y 0-N)
- 03/08/16 Senate: Title replaced 16105718D-H1
- 03/10/16 Senate: Enrolled
- 03/10/16 Senate: Bill text as passed Senate and House (SB358ER)
- 03/10/16 House: Signed by Speaker
- 03/10/16 Senate: Signed by President
- 03/11/16 Senate: Enrolled Bill Communicated to Governor on 3/11/16
- 03/11/16 Governor: Governor's Action Deadline Midnight, Sunday, April 10, 2016
- 03/29/16 Governor: Approved by Governor-Chapter 542 (effective 7/1/16)
- 03/29/16 Governor: Acts of Assembly Chapter text (CHAP0542)