Prosecutors back broader child-hearsay rule; defense and innocence groups warn of wrongful-conviction risk

The Civil Rights & Judiciary Committee on March 21 heard sharply divided testimony on Substitute Senate Bill 5169, which would expand circumstances under which a child’s out-of-court statements may be admitted in criminal and dependency proceedings.

Yolanda Baker, committee staff, summarized the proposal and said the bill would expand the list of offenses that may be described in a child's hearsay statement, raise the age limit so that statements by anyone under 18 could potentially be admissible (subject to other statutory conditions), and allow closed-circuit testimony where a child’s statement describes attempted offenses in the listed categories. Baker explained the current hearsay exception is limited by the child’s age and to certain types of offenses and that the bill would broaden those categories.

Deputy prosecuting attorneys described courtroom limitations under the current rule. Lindsay Chenalia of the Pierce County…