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MO HB1790

Bill

Status

Introduced

2/21/2012

Primary Sponsor

Noel Torpey

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 1790 Summary

  • Allows statements by children under 14 relating to offenses under chapters 565, 566, 568, or 573 (crimes against persons, sexual offenses, kidnapping, and family offenses) to be admitted as substantive evidence if the court finds sufficient indicia of reliability based on time, content, and circumstances.

  • Permits admission of child statements when the child testifies, is unavailable as a witness, or is physically available but would suffer significant emotional or psychological trauma from testifying in the defendant's presence.

  • Allows a child victim's statement under age 14 to serve as sufficient corroboration of a defendant's statement, admission, or confession regardless of whether the child is available to testify.

  • Requires the prosecutor to notify the defendant or defense counsel of intent to offer the statement and provide particulars sufficiently in advance to allow adequate preparation.

  • Does not limit admissibility of statements, admissions, or confessions otherwise admissible under existing law.

Legislative Description

Changes the laws regarding the court admissibility of the hearsay statement of a child

Last Action

Rules - Reported Do Pass (H)

5/1/2012

Committee Referrals

Rules4/12/2012
Children And Families3/8/2012

Full Bill Text

No bill text available