H 5 — An act relating to a hearsay exception for a child under 16 years of age

BILL AS PASSED BY THE HOUSE H.5 Page 1 of 3 H.5 AnIntroduced actby relatingRepresentatives toArsenault aof hearsayWilliston exceptionand forLaLonde a child under 16 years of ageSouth ItBurlington isReferred herebyto enactedCommittee byon theDate: General Assembly of the State of Vermont:

Subject:

Vermont Rules of Evidence;

hearsay exception;

child under 16 years of age Statement of purpose of bill as introduced:

This bill proposes to extend the hearsay exception to children who are 13 to 15 years of age in which the child is a victim of abuse.

An act relating to a hearsay exception for a child under 16 years of age It is hereby enacted by the General Assembly of the State of Vermont:

§ 7101(14) or BILL AS PASSED BY THE HOUSE H.5 Page 2 of 3 intellectual or developmental disability as defined in 1 V.S.A.

§§ 2602, 2602, incest under 13 V.S.A.

§ 205, abuse, neglect, or exploitation under 3333 V.S.A. V.S.A.

§ 1379, VT LEG #387201 v.1 AS PASSED BY HOUSE H.5 Page 2 of 3 or 13 V.S.A.

§§ 1304(b) 1304(b) (cruelty to a child involving serious bodily injury) or wrongful sexual activity and the statements concern the alleged crime or the wrongful sexual activity;

BILL AS PASSED BY THE HOUSE H.5 Page 3 of 3 (2) the statements were not taken in preparation for a legal proceeding and, if a criminal or delinquency proceeding has been initiated, the statements were made prior to the defendant’s initial appearance before a judicial officer under Rule 5 of the Vermont Rules of Criminal Procedure;

VT LEG #387201 v.1 AS PASSED BY HOUSE H.5 Page 3 of 3 Sec.

EFFECTIVE DATE This act shall take effect on July 1, 2025 July 1, 2026.

VT LEG #387201 v.1