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2018 SESSION

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SB 135 Criminal cases; admissibility of prior inconsistent statements.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Admissibility of prior inconsistent statements in a criminal case. Provides that in all criminal cases, evidence of a prior statement that is inconsistent with testimony at the hearing or trial is admissible if the testifying witness is subject to cross-examination and the prior statement (i) was made by the witness under oath at a trial, hearing, or other proceeding or (ii) narrates, describes, or explains an event or condition of which the witness had personal knowledge and (a) the statement is proved to have been written or signed by the witness; (b) the witness acknowledges under oath the making of the statement in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought; or (c) the statement is proved to have been accurately recorded by using an audio recorder, a video/audio recorder, or any other similar electronic means of sound recording. This bill is a recommendation of the Virginia State Crime Commission.


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