Permits certain out-of-court statements by a child less than twelve years old to be admitted

BILL NUMBER:S2876

Title of bill

An act to amend the criminal procedure law, in relation to admissibility of certain out-of-court statements by a child less than twelve years old

Purpose or general idea of bill

To permit certain individuals to testify in cases of alleged child sexual abuse, when the child is unable to testify or when the testimony of an individual is relevant to the case in question.

Summary of specific provisions

The bill would amend the criminal procedure law by adding a new § 60.47, titled, Rules of Evidence; admis- sibility of certain out-of-court statements of children less than twelve years old.

Justification

In many criminal cases, testimony by one person about what another person said is inadmissible as hearsay. However, a number of state courts have recently relaxed their rules regarding hearsay to make it possible for this type of evidence to be used in child abuse cases in lieu of testimony by the child who has suffered such abuse.

An exception to the hearsay rule is extremely important in cases of child abuse, particularly in cases of very young children who are unable to testify or have been determined to suffer possible severe trauma by testifying. Testimony presented by a law enforcement officer, medical professional, or Office of Children and Family Services employee regard- ing statements by a child less than twelve years of age which show spon- taneity and if the child's mental state are consistent in terminology with the age of the child, shall be deemed admissible, when the child is unavailable or refuses to testify, unless there is evidence of personal bias or prejudice. The jury should deem all hearsay admissible by virtue of the fact that it is worthy of consideration by the jury.

Legislative history

S.3922 of 2012 Referred to Transportation

Fiscal implications

None.

Effective date

The first of November after it has become a law.