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Committee Weighs Expanding hearsay exception to include 13–15‑year‑olds in H 5
Summary
The House Judiciary Committee heard divided testimony on H 5, a bill to expand Rule 804(a) to include alleged victims aged 13–15. Judges and prosecutors said the change would aid prosecutions without overburdening courts; civil‑rights advocates warned the law stigmatizes people with mental illness and raises presumption‑of‑guilt concerns. Committee members requested more testimony, including from the defender general and mental‑health advocates.
The House Judiciary Committee continued testimony on H 5 on Thursday, a bill that would expand the scope of Rule 804(a), a hearsay exception prosecutors use to admit certain out‑of‑court statements by young or otherwise vulnerable declarants. Supporters told the committee the change would provide corroborating evidence in cases involving young alleged victims; opponents said it risks unfairly tilting trials against defendants and stigmatizing people with mental illness.
Tom Zoney, identified in committee records as chief superior judge, told members the proposal is a policy decision but said he did not expect it to create "significant burdens on the court." "This bill is a policy bill," Zoney said, adding that courts would apply the Rule 804(a) criteria and related gatekeeping tests when deciding whether particular out‑of‑court statements may be admitted.
Kim McNaddis of the Department of State's Attorneys and Sheriffs said prosecutors rely on limited…
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