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2016 SESSION

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SB 421 Children; admissibility of statements in sexual offenses.

Introduced by: Jennifer T. Wexton | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Hearsay; exception; children; certain sexual related offenses. Establishes a hearsay exception to out-of-court statements made by a child under the age of 10 in certain sexual related offenses, including sexual assault, sex trafficking, and pornography cases. The child must either testify at the proceeding or meet the definition of "unavailable." The court must hold a hearing prior to trial and find that the time, content, and circumstances provide sufficient indicia of reliability. The bill provides factors for the court to consider in making such a determination. Written notice of intent to offer the statement and a summary of the statement must be given to the adverse party at least 14 days in advance of the proceedings. This bill was incorporated into SB 358.


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