Section 15-25-30 – Short Title.
Section 15-25-30 Short title. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. This article shall be entitled “The Child Physical and Sexual Abuse Victim Protection Act.” (Acts 1989, No. 89-876, p. 1754, §1; Acts 1994, No. 94-704, […]
Section 15-25-31 – Out-of-Court Statement – When Admissible.
Section 15-25-31 Out-of-court statement – When admissible. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act […]
Section 15-25-32 – Out-of-Court Statement – Requirements for Admissibility.
Section 15-25-32 Out-of-court statement – Requirements for admissibility. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. An out-of-court statement may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding, or testifies […]
Section 15-25-33 – Expert Testimony as to Unavailability of Child to Testify.
Section 15-25-33 Expert testimony as to unavailability of child to testify. A finding of unavailability under Section 15-25-32(2)a.1., 3., 4., 5. and 6. must be supported by expert testimony. (Acts 1989, No. 89-876, p. 1754, §4.)
Section 15-25-34 – Corroborative Evidence Prerequisite to Admission of Statement.
Section 15-25-34 Corroborative evidence prerequisite to admission of statement. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. Before a statement may be admitted pursuant to this article on the grounds that the child declarant is unavailable as […]
Section 15-25-35 – Notice to Adverse Party.
Section 15-25-35 Notice to adverse party. The proponent of the statement must inform the adverse party of the opponent’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 […]
Section 15-25-36 – Court to Inform Jury as to Out-of-Court Statement.
Section 15-25-36 Court to inform jury as to out-of-court statement. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination […]
Section 15-25-37 – Factors in Considering Trustworthiness of Statement.
Section 15-25-37 Factors in considering trustworthiness of statement. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is […]
Section 15-25-39 – “A Child Physical Offense, Sexual Offense, and Exploitation” Defined.
Section 15-25-39 “A child physical offense, sexual offense, and exploitation” defined. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. For purposes of this article, “a child physical offense, sexual offense, and exploitation” is defined to include the […]
Section 15-25-40 – Effect Upon Otherwise Admissible Out-of-Court Statements.
Section 15-25-40 Effect upon otherwise admissible out-of-court statements. Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist. (Acts 1989, No. 89-876, p. 1754, §10.)