House Bill 12-1085 Summary

• Adds new statute creating hearsay exceptions for out-of-court statements made by persons with developmental disabilities in criminal, delinquency, and civil proceedings where they are alleged victims or witnesses.

• Statements are admissible if the court finds in a hearing that the time, content, and circumstances provide sufficient safeguards of reliability, and either the statement is nontestimonial or the declarant testifies and is subject to cross-examination.

• Applies to statements describing sexual assault, unlawful sexual contact, sexual assault on children, incest, trafficking, child abuse, and domestic violence offenses, as well as criminal attempts of these offenses.

• Requires the court to instruct the jury that hearsay evidence was presented and that the jury must determine the weight and credibility of such statements, considering their nature and circumstances.

• Effective date is 90 days after final adjournment of the general assembly (August 8, 2012), subject to referendum petition procedures.