Hearsay exception; admissibility of statements by children in sexual conduct, etc., cases. (SB358)
Introduced By
Sen. Ryan McDougle (R-Mechanicsville) with support from co-patron Sen. Jennifer Wexton (D-Leesburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Hearsay; exception; children; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 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 14 days in advance of the proceedings. Read the Bill »
Status
03/10/2016: Passed the General Assembly
History
| Date | Action |
|---|---|
| 01/11/2016 | Prefiled and ordered printed; offered 01/13/16 16102658D |
| 01/11/2016 | Referred to Committee for Courts of Justice |
| 02/03/2016 | Reported from Courts of Justice with substitute (10-Y 5-N) (see vote tally) |
| 02/03/2016 | Committee substitute printed 16105136D-S1 |
| 02/03/2016 | Incorporates SB421 |
| 02/05/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
| 02/08/2016 | Read second time |
| 02/08/2016 | Reading of substitute waived |
| 02/08/2016 | Committee substitute agreed to 16105136D-S1 |
| 02/08/2016 | Engrossed by Senate - committee substitute SB358S1 |
| 02/09/2016 | Read third time and passed Senate (32-Y 7-N) (see vote tally) |
| 02/11/2016 | Placed on Calendar |
| 02/11/2016 | Read first time |
| 02/11/2016 | Referred to Committee for Courts of Justice |
| 02/19/2016 | Assigned App. sub: Criminal Law |
| 02/19/2016 | Assigned Courts sub: Criminal Law |
| 02/29/2016 | Subcommittee recommends reporting with amendment(s) (11-Y 0-N) |
| 03/02/2016 | Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally) |
| 03/02/2016 | Committee substitute printed 16105718D-H1 |
| 03/04/2016 | Read second time |
| 03/07/2016 | Read third time |
| 03/07/2016 | Committee substitute agreed to 16105718D-H1 |
| 03/07/2016 | Engrossed by House - committee substitute SB358H1 |
| 03/07/2016 | Passed House with substitute BLOCK VOTES (96-Y 0-N) |
| 03/07/2016 | VOTE: BLOCK VOTE PASSAGE (96-Y 0-N) (see vote tally) |
| 03/08/2016 | House substitute agreed to by Senate (38-Y 0-N) (see vote tally) |
| 03/08/2016 | Title replaced 16105718D-H1 |
| 03/10/2016 | Enrolled |
| 03/10/2016 | Bill text as passed Senate and House (SB358ER) |
| 03/10/2016 | Signed by Speaker |
| 03/10/2016 | Signed by President |
| 03/11/2016 | G Governor's Action Deadline Midnight, Monday, April 11, 2016 |
| 03/11/2016 | Enrolled Bill Communicated to Governor on 3/11/16 |
| 03/11/2016 | G Governor's Action Deadline Midnight, Sunday, April 10, 2016 |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 5 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
HE FOR COURTS OF JUSTICE. I MOVE THE BILL ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IS. THE BILL IS ENGROSSED AND ADVANCED TO THE THIRD READING. SENATE BILL 358, A BILL RELATING TO HEARSAY EXCEPTIONS REGARDING THE ADMISSIBILITY OF STATEMENTS BY CHILDREN IN CERTAIN CASES. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE WITH SUBSTITUTE. THE SENATOR FROM HANOVER, SENATOR McDOUGLE.Sen. Ryan McDougle (R-Mechanicsville): I MOVE THE SUBSTITUTE FROM THE COMMITTEE OF COURTS OF JUSTICE BE AGREED TO.
[Unknown]: THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM HANOVER?
Sen. Ryan McDougle (R-Mechanicsville): MR. PRESIDENT, I MOVE THAT SENATE BILL 358 BE ENGROSSED AND ADVANCED TO THE THIRD READING.
Del. Bill Howell (R-Fredericksburg): THE REQUEST HE IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING.
[Unknown]: THE -- IS THE SENATOR FROM PORTSMOUTH HERE? THE SENIOR SENATOR FROM HENRICO. MR. PRESIDENT, CAN THAT BILL GO BYE TEMPORARILY?
Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, SENATE BILL 343 WILL GO BYE TEMPORARILY.
[Unknown]: SENATE BILL 358, A BILL RELATING TO HEARSAY EXCEPTIONS REGARDING THE ADD MISSABILITY OF STATEMENTS BY CHILDREN IN CERTAIN CASES. THE SENATOR FROM HANOVER, SENATOR McDOUGLE.
Sen. Ryan McDougle (R-Mechanicsville): THANK YOU, MR. PRESIDENT. I MOVE THAT SENATE BILL 358 PASS AND SPEAKING TO THE MOTION.
[Unknown]: THE SENATOR HAS THE FLOOR.
Sen. Ryan McDougle (R-Mechanicsville): MR. PRESIDENT, THIS BILL IS -- TOUCHES ON A DIFFICULT TOPIC TO DISCUSS IN THIS BODY IN PARTICULAR, BUT IT'S DEALING WITH A HEARSAY EXCEPTION FOR WHAT IS COMMONLY REFERRED TO IN OTHER STATES AS A TENDER YEARS LARRYSAY EXCEPTION. HAVING BEEN A PROSECUTOR MICE, A FORMER PROSECUTOR MYSELF AND THE GENTLELADY FROM LOUDOUN, WE'VE HAD THE OPPORTUNITY TO PROSECUTE CASES THAT ARE DIFFICULT IN NATURE, THAT ARE INVOLVING SEX OFFENSES AND ABUSE CASES AGAINST MINORS. ONE OF THE SITUATIONS THAT OCCURS IN THOSE CASES IS THE ABILITY OF A YOUNG, TENDER-AGED VICTIM TO BE ABLE TO TESTIFY. SOMETIMES THESE CASES CAN BE VERY DIFFICULT JUST BY THEIR NATURE WHERE A CHILD MIGHT EXPRESS TO A CAREGIVER THAT THEY HAD BEEN VIOLATED BY AN ADULT. THE COMMONWEALTH OR GOVERNMENT GOES TO THAT ADULT AND THEY CONFESS TO THE ENTIRE MATTER, AND ADMIT THAT THEY HAD COMMITTED THOSING A GREG GUS ACT MANY, BUT THAT CHILD MIGHT HAVE DIFFICULTY IN BEING ABLE TO TESTIFY OR BE UNAVAILABLE. MR. PRESIDENT, AFTER SUPREME COURT CASE OVER THE SUMMER, IT WAS THE OHIO VERSUS CLARK CASE, IT BECAME CLEAR THAT THIS TYPE OF HEARSAY EXCEPTION LIMITED, AS WE HAVE PROPOSED IT HERE IN VIRGINIA, IS CONSTITUTIONAL AND THUS IT IS HERE WITH US IN LEGISLATION. SO MR. PRESIDENT, THIS DOES CREATE AN EXCEPTION FOR TESTIMONY OF A VICTIM THAT IS UNDER THE AGE OF 13 TO BE ABLE TO COME IN WHEN WE ARE OTHERWISE NOT GOING TO LET THAT INFORMATION IN TODAY N A VERY LIMITED FORM, AND IT WILL BE VERY HELPFUL AS WE TRY TO PROSECUTE INDIVIDUALS WHO ARE WITH THAT, MR. PRESIDENT, I VIOLATING OUR CHILDREN. RENEW THE MOTION THAT THE BILL PASS.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 358
[Unknown]: INVOLVING SEXUAL CONDUCT AGAINST CHILDREN. WHAT THIS BILL DOES IS LISTS THE TYPES OF OFFENSES THAT THIS HEARSAY EXCEPTION CAN BE USED. I HOPE IT BE THE PLEASURE OF THE HOUSE TO PASS THE BILL. CONTINUING WITH THE BLOCK, SENATE BILL 363, A BILL TO AMEND THE CODE OF VIRGINIA RELATING TO RIGHTS OF PERSONS WITH DISABILITIES IN PUBLIC PLACES AND PLACES OF PUBLIC ACCOMMODATION, FRAUDULENT
Sen. Ryan McDougle (R-Mechanicsville): MR. PRESIDENT, I MOVE THAT THE SENATE CONCUR WITH THE HOUSE SUBSTITUTE AND SPEAKING TO THE MOTION.
[Unknown]: THE SENATOR HAS THE FLOOR.
Sen. Ryan McDougle (R-Mechanicsville): MR. PRESIDENT, AS THE BILL LEFT THE SENATE, WE HAD SOME WORDS THAT DESCRIBED SPECIFIC TYPES OF CODE SECTIONS AND AS IT WORKED THROUGH THE PROCESS, WE CAME UP WITH A LIST OF WHAT THOSE SPECIFIC CODE SECTIONS WOULD BE TO LEAVE NO AMBIGUITY IN THE BILL. SO THOSE ARE THE CODE SECTIONS WHERE THIS HERESAY EXCEPTION FOR APPLY ANES THE SAME AS THE BILL THAT PASSED THE SENATE. I RENEW THE MOTION.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. CONCUR WITH THE HOUSE THE QUESTION IS SHALL THE SENATE SUBSTITUTE. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 38, NOS 0. AYES 38, NOS 0. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. THE SENATOR FROM JAMES CITY