Hearsay exceptions; admissibility of statements by children in certain cases. (HB227)

Introduced By

Progress

✓	Introduced
✓	Passed Committee
✓	Passed House
✓	Passed Senate
✓	Signed by Governor
☐	Became Law

Description

Hearsay; exception; children and incapacitated adults; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 or an incapacitated adult in sexual abuse, physical violence, or neglect cases. The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render it inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 10 days in advance of the proceedings. Read the Bill »

Outcome

Bill Has Passed

History

Date	Action
12/29/2015	Committee
12/29/2015	Prefiled and ordered printed; offered 01/13/16 16103042D
12/29/2015	Referred to Committee for Courts of Justice
01/14/2016	Assigned to sub: Subcommittee Criminal Law
01/14/2016	Assigned App. sub: Subcommittee Criminal Law
01/14/2016	Assigned Courts sub:
01/20/2016	Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
01/27/2016	Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
01/27/2016	Committee substitute printed 16104454D-H1
01/29/2016	Read first time
02/01/2016	Read second time
02/01/2016	Committee substitute agreed to 16104454D-H1
02/01/2016	Engrossed by House - committee substitute HB227H1
02/02/2016	Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/2016	VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/03/2016	Constitutional reading dispensed
02/03/2016	Referred to Committee for Courts of Justice
02/29/2016	Reported from Courts of Justice with substitute (13-Y 1-N) (see vote tally)
02/29/2016	Committee substitute printed 16105693D-S1
03/01/2016	Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/02/2016	Read third time
03/02/2016	Reading of substitute waived
03/02/2016	Committee substitute agreed to 16105693D-S1
03/02/2016	Engrossed by Senate - committee substitute HB227S1
03/02/2016	Passed Senate with substitute (33-Y 5-N 1-A) (see vote tally)
03/02/2016	Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
03/02/2016	Passed Senate with substitute (34-Y 5-N) (see vote tally)
03/03/2016	Placed on Calendar
03/04/2016	Senate substitute agreed to by House 16105693D-S1 (99-Y 0-N)
03/04/2016	VOTE: ADOPTION (99-Y 0-N) (see vote tally)
03/07/2016	Enrolled
03/07/2016	Bill text as passed House and Senate (HB227ER)
03/07/2016	Signed by Speaker
03/09/2016	G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/09/2016	Signed by President
03/09/2016	Enrolled Bill communicated to Governor on 3/9/2016
03/09/2016	G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/29/2016	G Approved by Governor-Chapter 553 (effective 7/1/16)
03/29/2016	G Acts of Assembly Chapter text (CHAP0553)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

← →

Transcript

This is a transcript of the video clips in which this bill is discussed.

Del. Bill Howell (R-Fredericksburg): ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0. THE MOTION IS AGREED TO. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, I MOVE THAT THE BILL PASS HAVING PREVIOUSLY BEEN EXPLAINED.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL ALL IN FAVOR OF THE MOTION WILLE 227 PASS. S AYE, THOSE ARE THE SENATORS READY TO VOTE? OPPOSED NO. HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.