SB 884

Under current law, in any criminal trial or hearing, juvenile fact-finding hearing regarding a child alleged to be in need of protection or services, or a hearing regarding the revocation of probation or parole, a court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of a child who is available to testify. Before admitting the recorded statement as evidence, the court or hearing examiner must conduct a hearing on the statement’s admissibility and rule on any objections to its admissibility.

Under current law, the court or hearing examiner must admit the recorded statement if the trial or hearing in which the statement is offered commences before the child’s 12th birthday or commences before the child’s 16th birthday and the interests of justice warrant its admission; the recording is accurate; the child’s statement was made upon oath or affirmation; the time, content, and circumstances of the statement provide an indication of its trustworthiness; and admission of the statement will not unfairly surprise any party or deprive any party of a fair opportunity to meet allegations made in the statement.

Finally, current law requires the court or hearing examiner to consider a number of factors to determine whether the interests of justice warrant the admission of an audiovisual recording of a statement of a child who is at least 12 years of age but younger than 16 years of age. The factors include the child’s chronological age and level of development, general physical and mental health, and capacity to comprehend the significance of the events being addressed by the court or hearing examiner.

Under this bill, the court or hearing examiner may admit into evidence the audiovisual recording of an oral statement of a child who is available to testify if the recording was made before the child’s 12th birthday or made before the child’s 18th birthday and the interests of justice warrant its admission. The draft also requires the court or hearing examiner to consider the factors under current law to determine whether the interests of justice warrant the admission of the recorded statement of a child who is at least 12 years of age but younger than 18 years of age.