OLYMPIA [By: Cassie Diamond] – Legislation that would expand the circumstances under which a child’s hearsay statements are admissible as evidence in court received a public hearing before the House Civil Rights and Judiciary Committee Feb. 20.
Hearsay is an out-of-court statement offered as evidence used to prove the truth of the statement’s contents. Such statements are generally considered inadmissible as evidence, with certain exceptions.
Currently in Washington, children’s hearsay statements may be admissible depending on the age of the child and the offense described in the statement.
Senate Bill 5169 would raise the age limit for children whose hearsay statement may be admissible to 18, regardless of the offense described.
The measure further expands the list of offenses that may be described in the child’s statement. Added offenses include an attempted act of physical abuse, an act or attempted act of sexual contact or physical abuse performed on or against another child, and a violent offense or an attempted violent offense committed by a person known by or familiar to the child witness.
The policy also expands the circumstances under which a child under 18 can testify via closed-circuit television to include cases where their testimony describes any of the added offenses.
Sen. T’wina Nobles, D-Fircrest, the prime sponsor, explained during a press conference Feb. 13 that the legislation allows the state to “pursue justice without causing more harm.”
She explained that children who are victims of or witnesses to violence are asked to step inside a courtroom and relive their trauma, sometimes right in front of the person who caused them or someone they know harm.
To Nobles, the proposal allows children to tell their stories in a way that is more sensitive to their experiences while still allowing for violent offenders to be held accountable.
“The bill allows children’s voices to be heard without forcing them to relive their worst moments again and again and again in the most intimidating settings possible,” she said.
However, defense attorneys expressed opposition.
In the U.S. Constitution, the Sixth Amendment’s confrontation clause guarantees criminal defendants the right to face and cross-examine witnesses in-person.
Sarah Hudson, an attorney with the Washington Defender Association, said the measure fails to protect this constitutional right and creates more ways to exploit the legal process.
She warned that the use of closed-circuit testimony can impact the ability of jurors to accurately detect deception and assess credibility, potentially leading to wrongful convictions.
Sarah Park, a prosecutor in Pierce County, expressed approval of the expansions SB 5169 makes.
She shared the story of a six-year-old girl who was abused by her father and witnessed him strangle a man to death in front of her. When the girl had to testify in court about the murder, she was unable to provide the same amount of detail she gave during a forensic interview.
Park noted that the presence of the girl’s father in the room during this testimony likely affected the quality of her statements. Yet, the girl’s more detailed hearsay statements from the interview were not admissible since she was not the direct subject of violence in this case.
“Her statements regarding the sexual assault [she experienced] would be admissible under the current child hearsay law,” Park said. “Her statements regarding what she witnessed in the homicide are not. I ask you, what difference does it make when we’re talking about the confrontation clause? And I can tell you the answer is none.”
Anita Petra, a prosecutor in Benton County, emphasized that the bill “is not a rubber stamp,” saying there is a rigorous evaluation process hearsay statements must undergo to be considered admissible.
She explained that, during a child hearsay hearing, a prosecutor must prove to a judge that the statements they are seeking to admit are reliable, while the defense counsel is allowed to cross-examine witnesses, including the child, in order to prove the statements are unreliable.
SB 5169 was originally introduced during the 2025 legislative session and passed the Senate, but did not receive a floor debate in the House.
It was reintroduced this session and voted out of the Senate unanimously. The bill is scheduled for an executive session Feb. 25.
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Author: Washington State Journal
