Vermont H 5: An act relating to physician expert witnesses in medical malpractice actions

Bill Text

BILLAS PASSED BY THE HOUSE H.5
2025 Page 1 of 3
H.5
Introduced by Representatives Arsenault of Williston and LaLonde of South
Burlington
Referred to Committee on
Date:
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:
Sec. 1. Rule 804a of the Vermont Rules of Evidence is amended to read:
RULE 804a. HEARSAY EXCEPTION; PUTATIVE VICTIM AGE 12 OR
UNDER 16 YEARS OF AGE; PERSON WITH A MENTAL
ILLNESS OR AN INTELLECTUALOR DEVELOPMENTAL
DISABILITY
(a) Statements by a person who is a child 12 under 16 years of age or under
or who is a person with a mental illness as defined in 18 V.S.A. § 7101(14) or
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intellectual or developmental disability as defined in 1 V.S.A. §§ 146, 148 at
the time the statements were made are not excluded by the hearsay rule if the
court specifically finds at the time they are offered that:
(1) the statements are offered in a civil, criminal, or administrative
proceeding in which the child or person with a mental illness or intellectual or
developmental disability is a putative victim of sexual assault under 13 V.S.A.
§ 3252, aggravated sexual assault under 13 V.S.A. § 3253, aggravated sexual
assault of a child under 13 V.S.A. § 3253a, lewd or lascivious conduct under
13 V.S.A. § 2601, lewd or lascivious conduct with a child under 13 V.S.A.
§ 2602, incest under 13 V.S.A. § 205, abuse, neglect, or exploitation under
33 V.S.A. § 6913, sexual abuse of a vulnerable adult under 13 V.S.A. § 1379,
or 13 V.S.A. § 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; or the statements are offered in a juvenile proceeding
under chapter 52 of Title 33 involving a delinquent act alleged to have been
committed against a child 13 under 16 years of age or under or a person with a
mental illness or intellectual or developmental disability if the delinquent act
would be an offense listed herein if committed by an adult and the statements
concern the alleged delinquent act; or the child is the subject of a petition
alleging that the child is in need of care or supervision under chapter 53 of
Title 33, and the statement relates to the sexual abuse of the child;
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(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;
(3) the child or person with a mental illness or intellectual or
developmental disability is available to testify in court or under Rule 807; and
(4) the time, content, and circumstances of the statements provide
substantial indicia of trustworthiness.
(b) Upon motion of either party in a criminal or delinquency proceeding,
the court shall require the child or person with a mental illness or intellectual
or developmental disability to testify for the state.
Sec. 2. EFFECTIVE DATE
This act shall take effect on July 1, 2025 July 1, 2026.
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