Bill > H0005

This bill modifies Vermont's Rules of Evidence to expand a hearsay exception for statements made by children under 16 years of age in certain legal proceedings involving serious crimes. Specifically, the bill extends the existing hearsay exception (previously limited to children 12 and under) to include children aged 13 to 15 in cases involving sexual assault, aggravated sexual assault, lewd conduct, incest, child abuse, and other specified sexual or serious violent offenses. To be admissible, such statements must meet several criteria: they cannot be prepared for legal proceedings, must be made before the defendant's initial court appearance, the child must be available to testify, and the statements must show substantial trustworthiness. The bill also requires that upon motion by either party in a criminal or delinquency proceeding, the child must testify for the state. This change aims to provide additional legal protection and evidentiary flexibility in cases involving young victims, recognizing the potential difficulty children may face in directly testifying about traumatic experiences. The bill is set to take effect on July 1, 2025.

Justice

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