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Committee adopts reporting amendment and lays over bill to make restorative‑practice statements inadmissible in certain sexual‑assault contexts

2788986 · March 27, 2025
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Summary

Vice Chair Feist sponsored House File 104 to establish a privilege making statements made during restorative practices inadmissible in court in sexual‑assault cases, with carve‑outs for mandated reporting and public‑safety exceptions. The committee adopted a reporting amendment (A2) and laid the bill over.

Vice Chair Feist presented House File 104 to the House Public Safety Committee on March 26, proposing that statements made during restorative‑practice settings be inadmissible in court, mirroring existing privileges for alternative dispute resolution. She said the bill is voluntary for survivors and does not replace prosecutors' authority to pursue criminal charges.

Survivor and advocate Sarah Super testified about her experience and the demand she has heard from other survivors for options beyond traditional criminal prosecution. "I'm here on behalf of survivors who did not receive justice," she told the committee, and described restorative practices as an additional pathway some survivors seek for accountability and healing.

The committee adopted an A2 amendment, co‑authored by Representative Hudson and Representative Feist, that enhances reporting requirements for the Office of Restorative Practices to track impacts on public safety, victims, and providers, and to provide information for future legislative review.

Committee action: The A2 amendment was adopted by voice vote. House File 104 as amended was laid over for further work and technical adjustments coordinated with the Senate.

Scope and safeguards: Witnesses and authors emphasized the voluntary nature of restorative practice and that the bill contains exceptions to permit mandated‑reporting disclosures and other narrow public‑safety exceptions. Supporters said the measure would not block prosecutors from pursuing charges; it provides survivors another option in cases where criminal prosecution is not pursued or no conviction resulted.

Next steps: Committee members signaled support for additional oversight and monitoring in the amendment language; the bill was laid over so sponsors can incorporate technical input before another hearing.