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Panel divides on expanding admissibility of child hearsay to under-18s; prosecutors cite trafficking cases, defenders cite constitutional risk
Summary
Substitute SB 5,169 would raise the age for admissible child hearsay to under 18 and expand covered offenses and closed-circuit testimony eligibility; prosecutors and forensic interviewers urged the change citing trafficking and trauma, while defense groups warned of confrontation-clause and due-process risks.
Substitute Senate Bill 5,169 drew extended testimony and partisan questioning on Feb. 26 as prosecutors, forensic interviewers and defenders debated whether to expand the child-hearsay exception.
Staff described the bill’s principal changes: raise the age threshold so hearsay statements by any child under 18 may be admissible in dependency and criminal proceedings (subject to other reliability requirements), broaden the list of offenses that can be described in admissible child statements (including attempted acts and a general expansion to offenses in the chapters concerning exploitation and trafficking), and expand circumstances in which closed-circuit testimony is permitted to include attempted offenses.
Prosec…
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