22.533.10 97th Legislative Session 637
Introduced by: Senator Duhamel
An Act to revise the admissibility of certain statements made by persons with developmental disabilities concerning certain crimes.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 19-19-806.1 be AMENDED:
A statement made
by a child under the age of thirteen, or by a
child thirteen years of age or older
of any age who
is developmentally disabled as defined in § 27B-1-18,
describing any act of sexual contact or rape performed with or on the
or person by
another, or describing any act of physical abuse or neglect of the
another, or any act of physical abuse or neglect of another child
observed by the child
making the statement, not otherwise admissible by statute or court
rule, is admissible in evidence in criminal proceedings against the
defendant or in any proceeding under chapters 26-7A,
in the courts of this state if:
(1) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and
(2) The child or person either:
(a) Testifies at the proceedings; or
(b) Is unavailable as a witness.
However, if the child or person is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.
No statement may be admitted under this section unless the proponent of the statement makes known the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant, to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet the statement.
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