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Bill

Bill

H 5

An act relating to a hearsay exception for a child under 16 years of age

2025-2026 Regular Session Introduced by Angela Arsenault and 1 co-sponsor

Vermont bill creates hearsay exception allowing children under 16's out-of-court statements as courtroom evidence, potentially easing prosecution while raising concerns about defendant cross-examination rights.

Read 1st time & referred to Committee on Judiciary
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Bill Summary · H 5

Legislative bill overview

H 5 creates a new hearsay exception in Vermont law that would allow out-of-court statements made by children under 16 years old to be admitted as evidence in court proceedings under specified circumstances. The bill has passed committee with amendments and is currently scheduled for final legislative consideration, indicating it has cleared initial hurdles in the legislative process.

Why is this important

This change directly affects how child abuse, neglect, and exploitation cases are prosecuted, as it may allow children's prior statements to be presented without requiring them to testify in person. The exception could make prosecutions easier and reduce trauma to young witnesses, but it also raises critical questions about defendants' constitutional rights to cross-examine accusers and the reliability of children's statements.

Potential points of contention

  • Sixth Amendment concerns: Criminal defendants have constitutional rights to confront witnesses; this exception may limit their ability to cross-examine children about inconsistencies or suggestibility
  • Reliability questions: Children under 16 may be more susceptible to false memories, suggestion, or coaching by adults, raising evidentiary reliability concerns
  • Scope and safeguards: The bill's specific requirements for admitting such hearsay are not detailed in available information; how narrow or broad the exception is will determine its practical impact on defendants' rights versus prosecution needs

Compiled from official sources — confirm details with the bill’s official record.

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