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Committee advances changes to child‑hearsay law after narrow votes and an adopted clarifying amendment
Summary
Substitute Senate Bill 5169, which expands some child‑hearsay exceptions, was reported out of committee 9‑4 as amended. The committee adopted an amendment that incorporated statutory definitions to clarify when hearsay exceptions apply.
The Civil Rights & Judiciary Committee on March 26 voted 9‑4 to report Substitute Senate Bill 5169 out of committee with a do‑pass as amended recommendation.
The bill would expand where certain child hearsay statements can be admitted in court proceedings; committee members and staff said the subject requires careful attention to constitutional protections for defendants. Representative Walsh offered Amendment Bakke 4 46, which the committee adopted; members described that amendment as importing clearer, existing statutory definitions for terms such as "physical abuse" and related categories into the hearsay‑exception language.
Representative Goodman supported the amendment, saying it "clarif[ies] the bill" and helps avoid encroaching on other branches or constitutional protections. Representatives Abel, Jacobson and Graham described concerns about expanding hearsay exceptions too broadly; several said they were sympathetic to victims while also mindful of defendants' confrontation‑clause rights. Representative Jacobson said she was "suspicious of making hearsay more broad even for children" and requested caution.
After debate and adoption of the amendment, staff called the roll. The final roll call recorded these votes: Taylor (aye); Farvar (aye); Walsh (aye); Abel (nay without recommendation); Burnett (nay without recommendation); Entenmann (aye); Goodman (aye); Graham (nay without recommendation); Jacobson (nay without recommendation); Peterson (aye); Salahuddin (aye); Tai (aye); Wallen (aye). The announced tally was 9 ayes and 4 nays.
The committee reported SB 5169 out as amended. Supporters described the bill, with the adopted amendment, as a balance between permitting necessary child testimony in difficult cases and protecting defendants' constitutional rights; opponents urged a narrower approach or further clarifications.
