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Current Status Bill Number:View additional legislative information at the LPITS web site.4653 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000217 Primary Sponsor:Campsen All Sponsors:Campsen Drafted Document Number:l:\council\bills\skb\18181som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Out-of-court statement of child under fourteen when victim or witness of crime, courts may admit to evidence; Minors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000217 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE, BY ADDING SECTION 19-1-185 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN FOURTEEN YEARS OF AGE WHO IS A VICTIM OF OR WITNESS TO CERTAIN SPECIFIED CRIMINAL OFFENSES MAY BE ADMITTED TO EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 19-1-185. (A) An out-of-court statement made by a child who is:
(1) under fourteen years of age or who functions cognitively, adaptively, or developmentally under the age of fourteen; and
(2) the victim of or witness to an alleged act of:
(a) criminal sexual conduct in the first degree as defined in Sections 16-3-652 and 16-3-655;
(b) criminal sexual conduct in the second degree as defined in Sections 16-3-653 and 16-3-655;
(c) assault to commit criminal sexual conduct in the first or second degree as defined in Section 16-3-656;
(d) committing or attempting a lewd act upon a child as defined in Section 16-15-140;
(e) knowingly disseminating obscene material to a minor twelve years of age or younger as defined in Section 16-15-355;
(f) first degree sexual exploitation of a minor as defined in Section 16-15-395;
(g) second degree sexual exploitation of a minor as defined in Section 16-15-405;
(h) promoting prostitution of a minor as defined in Section 16-15-415; or
(i) participating in the prostitution of a minor as defined in Section 16-15-425 is admissible in a general sessions court proceeding if the requirements of this section are met regardless of whether the statement would be otherwise inadmissible.
(B) An out-of-court statement may be admitted as provided in subsection (A) if:
(1) the child testifies at the proceeding or testifies by means of videotaped deposition or closed-circuit television, and at the time of the testimony the child is subject to cross-examination about the statement; or
(2)(a) the child is found by the court to be unavailable to testify on any of these grounds:
(i) the child's death;
(ii) the child's physical or mental disability;
(iii) the existence of a privilege involving the child;
(iv) the child's incompetency, including the child's inability to communicate about the offense because of fear;
(v) substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of videotaped deposition or closed-circuit television; and
(b) the child's out-of-court statement is shown to possess particularized guarantees of trustworthiness.
(C) The proponent of the statement shall inform the adverse party of the proponent's intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered. If the child is fourteen years of age or older, the adverse party may challenge the professional decision that the child functions cognitively, adaptively, or developmentally under the age of fourteen.
(D) In determining whether a statement possesses particularized guarantees of trustworthiness under subsection (B)(2)(b), the court may consider, but is not limited to, the following factors:
(1) the child's personal knowledge of the event;
(2) the age and maturity of the child;
(3) certainty that the statement was made, including the credibility of the person testifying about the statement;
(4) any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;
(5) whether more than one person heard the statement;
(6) whether the child was suffering pain or distress when making the statement;
(7) the nature and duration of any alleged abuse;
(8) whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;
(9) whether the statement has a ring of verity, has internal consistency or coherence, and uses terminology appropriate to the child's age;
(10) whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement.
(E) The court shall support with findings on the record any rulings pertaining to the child's unavailability and the trustworthiness of the out-of-court statement.
(F) Any hearsay testimony admissible under this section is not admissible in any other proceeding."
SECTION 2. This act takes effect upon approval by the Governor.
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