| 1 | 1 | | BILL AS INTRODUCED H.5 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #378621 v.1 |
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| 6 | 6 | | H.5 1 |
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| 7 | 7 | | Introduced by Representatives Arsenault of Williston and LaLonde of South 2 |
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| 8 | 8 | | Burlington 3 |
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| 9 | 9 | | Referred to Committee on 4 |
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| 10 | 10 | | Date: 5 |
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| 11 | 11 | | Subject: Vermont Rules of Evidence; hearsay exception; child under 16 years 6 |
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| 12 | 12 | | of age 7 |
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| 13 | 13 | | Statement of purpose of bill as introduced: This bill proposes to extend the 8 |
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| 14 | 14 | | hearsay exception to children who are 13 to 15 years of age in which the child 9 |
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| 15 | 15 | | is a victim of abuse. 10 |
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| 16 | 16 | | An act relating to a hearsay exception for a child under 16 years of age 11 |
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| 17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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| 18 | 18 | | Sec. 1. Rule 804a of the Vermont Rules of Evidence is amended to read: 13 |
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| 19 | 19 | | RULE 804a. HEARSAY EXCEPTION; PUTATIVE VICTIM AGE 12 OR 14 |
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| 20 | 20 | | UNDER 16 YEARS OF AGE; PERSON WITH A MENTAL 15 |
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| 21 | 21 | | ILLNESS OR AN INTELLECTUAL OR DEVELOPMENTAL 16 |
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| 22 | 22 | | DISABILITY 17 |
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| 23 | 23 | | (a) Statements by a person who is a child 12 under 16 years of age or under 18 |
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| 24 | 24 | | or who is a person with a mental illness as defined in 18 V.S.A. § 7101(14) or 19 |
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| 25 | 25 | | intellectual or developmental disability as defined in 1 V.S.A. §§ 146, 148 at 20 BILL AS INTRODUCED H.5 |
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| 26 | 26 | | 2025 Page 2 of 3 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #378621 v.1 |
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| 30 | 30 | | the time the statements were made are not excluded by the hearsay rule if the 1 |
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| 31 | 31 | | court specifically finds at the time they are offered that: 2 |
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| 32 | 32 | | (1) the statements are offered in a civil, criminal, or administrative 3 |
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| 33 | 33 | | proceeding in which the child or person with a mental illness or intellectual or 4 |
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| 34 | 34 | | developmental disability is a putative victim of sexual assault under 13 V.S.A. 5 |
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| 35 | 35 | | § 3252, aggravated sexual assault under 13 V.S.A. § 3253, aggravated sexual 6 |
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| 36 | 36 | | assault of a child under 13 V.S.A. § 3253a, lewd or lascivious conduct under 7 |
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| 37 | 37 | | 13 V.S.A. § 2601, lewd or lascivious conduct with a child under 13 V.S.A. 8 |
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| 38 | 38 | | § 2602, incest under 13 V.S.A. § 205, abuse, neglect, or exploitation under 9 |
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| 39 | 39 | | 33 V.S.A. § 6913, sexual abuse of a vulnerable adult under 13 V.S.A. § 1379, 10 |
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| 40 | 40 | | or 13 V.S.A. § 1304(b) (cruelty to a child involving serious bodily injury) or 11 |
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| 41 | 41 | | wrongful sexual activity and the statements concern the alleged crime or the 12 |
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| 42 | 42 | | wrongful sexual activity; or the statements are offered in a juvenile proceeding 13 |
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| 43 | 43 | | under chapter 52 of Title 33 involving a delinquent act alleged to have been 14 |
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| 44 | 44 | | committed against a child 13 under 16 years of age or under or a person with a 15 |
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| 45 | 45 | | mental illness or intellectual or developmental disability if the delinquent act 16 |
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| 46 | 46 | | would be an offense listed herein if committed by an adult and the statements 17 |
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| 47 | 47 | | concern the alleged delinquent act; or the child is the subject of a petition 18 |
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| 48 | 48 | | alleging that the child is in need of care or supervision under chapter 53 of 19 |
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| 49 | 49 | | Title 33, and the statement relates to the sexual abuse of the child; 20 BILL AS INTRODUCED H.5 |
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| 50 | 50 | | 2025 Page 3 of 3 |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #378621 v.1 |
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| 54 | 54 | | (2) the statements were not taken in preparation for a legal proceeding 1 |
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| 55 | 55 | | and, if a criminal or delinquency proceeding has been initiated, the statements 2 |
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| 56 | 56 | | were made prior to the defendant’s initial appearance before a judicial officer 3 |
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| 57 | 57 | | under Rule 5 of the Vermont Rules of Criminal Procedure; 4 |
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| 58 | 58 | | (3) the child or person with a mental illness or intellectual or 5 |
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| 59 | 59 | | developmental disability is available to testify in court or under Rule 807; and 6 |
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| 60 | 60 | | (4) the time, content, and circumstances of the statements provide 7 |
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| 61 | 61 | | substantial indicia of trustworthiness. 8 |
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| 62 | 62 | | (b) Upon motion of either party in a criminal or delinquency proceeding, 9 |
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| 63 | 63 | | the court shall require the child or person with a mental illness or intellectual 10 |
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| 64 | 64 | | or developmental disability to testify for the state. 11 |
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| 65 | 65 | | Sec. 2. EFFECTIVE DATE 12 |
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| 66 | 66 | | This act shall take effect on July 1, 2025. 13 |
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