SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

  • | print version

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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED SENATE:

Hearsay; exception; children; sexual conduct, physical abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 in cases describing any act or attempted act of sexual conduct performed toward, with, or on the child, and any act of physical abuse or neglect of the child. 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. The child must testify or be declared by the court to be unavailable. If the child is found to be unavailable there must be corroborative evidence. At least 14 days prior to commencement of the proceeding the party offering the statement must give written notice to the opposing party of intent to offer the statement and must provide the statement or make it available. This bill incorporates SB 421.

SUMMARY AS INTRODUCED:

Hearsay; exception; children; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 in sexual abuse, physical violence, or neglect cases. 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.