(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 179–Committee on Judiciary

 

(On Behalf of District Attorneys Association)

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing admissibility in criminal proceeding of certain statements made by child. (BDR 4‑472)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to evidence; providing that the statement of a child regarding physical abuse is admissible in a criminal proceeding under certain circumstances; identifying certain factors to be considered by the court in determining the trustworthiness of certain statements made by a child; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 51.385 is hereby amended to read as follows:

1-2    51.385  1.  In addition to any other provision for admissibility made

1-3  by statute or rule of court, a statement made by a child under the age of 10

1-4  years describing any act of sexual conduct performed with or on the child

1-5  or any act of physical abuse of the child is admissible in a criminal

1-6  proceeding regarding that act of sexual conduct or physical abuse if [the:

1-7    (a) Court] :

1-8    (a) The court finds, in a hearing out of the presence of the jury, that the

1-9  time, content and circumstances of the statement provide sufficient

1-10  circumstantial guarantees of trustworthiness; and

1-11    (b) [Child either] The child testifies at the proceeding or is unavailable

1-12  or unable to testify.

1-13    2.  In determining the trustworthiness of a statement, the court shall

1-14  consider, without limitation, whether:

1-15    (a) The statement was spontaneous;

1-16    (b) The child was subjected to repetitive questioning;

1-17    (c) The child had a motive to fabricate;

1-18    (d) The child used terminology unexpected of a child of similar age;

1-19  and

2-1    (e) The child was in a stable mental state.

2-2    3.  If the child is unavailable or unable to testify, written notice must be

2-3  given to the defendant at least 10 days before the trial of the prosecution’s

2-4  intention to offer the statement in evidence.

 

2-5  H