OLYMPIA — The Washington State Senate has passed Senate Bill 5169, a measure designed to reduce the trauma experienced by children who witness violent crimes. Sponsored by Sen. T’wina Nobles (D-Fircrest), the bill would allow out-of-court statements from children under 18 to be used as evidence in cases involving violent crimes, trafficking, or sexual exploitation. It also clarifies that child witnesses may testify via closed-circuit television, shielding them from the stress of testifying in open court.
Under current law, out-of-court statements from children are only admissible if the child was the direct victim of the crime, often requiring young witnesses to testify in court, where they may face intimidation or retraumatization. SB 5169 expands these protections to child witnesses, ensuring that their testimony can be presented in a way that prioritizes their well-being while upholding justice.
“Children who witness violent crimes should not have to endure further trauma in the courtroom,” Nobles said. “This bill ensures that their voices are heard in a way that prioritizes their well-being while upholding justice.”
The legislation modifies Washington’s hearsay rules by making statements from child witnesses admissible in dependency proceedings, adult criminal trials, and juvenile adjudications under certain conditions. Specifically, it applies to statements describing:
• Acts or attempted acts of physical abuse against the child or another child.
• Trafficking or sexual exploitation of children and related violations.
• Acts or attempted acts of sexual contact involving the child or another child.
• Violent offenses or attempted violent offenses committed against or by someone known to the child.
The bill also expands the use of closed-circuit television for child witnesses in criminal cases, allowing them to testify remotely if their testimony describes violent crimes, trafficking, or sexual exploitation. This provision protects children from direct exposure to defendants and jury intimidation, ensuring they can provide critical testimony without additional psychological harm.
The bill passed the Senate with bipartisan support and now moves to the House for further consideration.
