Witness statements by child witnesses debated: prosecutors back broader hearsay exception, defenders and advocates raise constitutional concerns

Sen. Tawana Nobles (D-28) told the Law & Justice Committee on Jan. 23 that Senate Bill 5169 would allow out-of-court statements from children under age 18 to be admitted in dependency proceedings, criminal trials and juvenile adjudications when the statements describe sexual contact, physical abuse, trafficking, exploitation or violent offenses the child witnessed.

"Children who witness violent crimes endure profound trauma," Nobles said, arguing the bill would let children share their experiences "without added harm of a courtroom." The bill would align the ages and covered offenses for two existing exceptions and allow testimony by closed-circuit television (CCTV) in more circumstances.

Nut graf: Supporters, including prosecutors who try child-abuse and assault cases, said existing rules force some children to testify years later, retraumatizing victims and weakening evidence if an interview cannot be used. Opponents, led by public defenders and other civil‑liberty advocates, said the proposed expansion…