Bill > H0005

This bill amends Rule 804a of the Vermont Rules of Evidence to expand a hearsay exception, which allows out-of-court statements to be admitted in court even if the person who made the statement is not present to testify, to include children under 16 years of age, specifically those between 13 and 15 years old, when they are victims of certain sexual assaults or abuse, or when they are involved in juvenile proceedings related to such offenses. The existing rule already covered children 12 and under, and this change raises that age limit. The bill also clarifies that this exception applies to individuals with mental illnesses or intellectual or developmental disabilities. For a statement to be admissible under this exception, the court must find that the statements are relevant to the alleged crime or wrongful activity, were not made in preparation for a legal proceeding (with specific timing requirements if a criminal case has begun), the child or vulnerable person is available to testify, and the circumstances surrounding the statement indicate trustworthiness. The bill also includes provisions for requiring the child or vulnerable person to testify in criminal or delinquency proceedings.

Justice

https://legislature.vermont.gov/bill/status/2026/H.5