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2016 SESSION
HB 227 Hearsay exceptions; admissibility of statements by children in certain cases.
Introduced by: David B. Albo | 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 is identical to SB 358.
FULL TEXT
- 12/29/15 House: Prefiled and ordered printed; offered 01/13/16 16103042D pdf
- 01/27/16 House: Committee substitute printed 16104454D-H1 pdf
- 02/29/16 Senate: Committee substitute printed 16105693D-S1 pdf
- 03/07/16 House: Bill text as passed House and Senate (HB227ER) pdf
- 03/29/16 Governor: Acts of Assembly Chapter text (CHAP0553) pdf
HISTORY
- 12/29/15 House: Prefiled and ordered printed; offered 01/13/16 16103042D
- 12/29/15 House: Referred to Committee for Courts of Justice
- 01/14/16 House: Assigned Courts sub: Criminal Law
- 01/20/16 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
- 01/27/16 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 01/27/16 House: Committee substitute printed 16104454D-H1
- 01/29/16 House: Read first time
- 02/01/16 House: Read second time
- 02/01/16 House: Committee substitute agreed to 16104454D-H1
- 02/01/16 House: Engrossed by House - committee substitute HB227H1
- 02/02/16 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/02/16 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/03/16 Senate: Constitutional reading dispensed
- 02/03/16 Senate: Referred to Committee for Courts of Justice
- 02/29/16 Senate: Reported from Courts of Justice with substitute (13-Y 1-N)
- 02/29/16 Senate: Committee substitute printed 16105693D-S1
- 03/01/16 Senate: Constitutional reading dispensed (38-Y 0-N)
- 03/02/16 Senate: Read third time
- 03/02/16 Senate: Reading of substitute waived
- 03/02/16 Senate: Committee substitute agreed to 16105693D-S1
- 03/02/16 Senate: Engrossed by Senate - committee substitute HB227S1
- 03/02/16 Senate: Passed Senate with substitute (33-Y 5-N 1-A)
- 03/02/16 Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
- 03/02/16 Senate: Passed Senate with substitute (34-Y 5-N)
- 03/03/16 House: Placed on Calendar
- 03/04/16 House: Senate substitute agreed to by House 16105693D-S1 (99-Y 0-N)
- 03/04/16 House: VOTE: ADOPTION (99-Y 0-N)
- 03/07/16 House: Enrolled
- 03/07/16 House: Bill text as passed House and Senate (HB227ER)
- 03/07/16 House: Signed by Speaker
- 03/09/16 Senate: Signed by President
- 03/09/16 House: Enrolled Bill communicated to Governor on 3/9/2016
- 03/09/16 Governor: Governor's Action Deadline Midnight, Sunday, April 10, 2016
- 03/29/16 Governor: Approved by Governor-Chapter 553 (effective 7/1/16)
- 03/29/16 Governor: Acts of Assembly Chapter text (CHAP0553)