Volume 773, Page 3990 View pdf image |
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H.B. 1442 VETOES (ii) Unless the State and the defendant or respondent agree, or the (iii) Except where inconsistent with this paragraph, the provisions of (d) In order to determine if a child's statement possesses particularized (1) The child's personal knowledge of the event; (2) The certainty that the statement was made; (3) Any apparent motive to fabricate or exhibit partiality by the child, (4) Whether the statement was spontaneous or directly responsive to (5) The timing of the statement; (6) Whether the child's young age makes it unlikely that the child fabricated (7) The nature and duration of the abuse; (8) The inner consistency and coherence of the statement; (9) Whether the child was suffering pain or distress when making the (10) Whether extrinsic evidence exists to show the defendant's opportunity to (11) Whether the statement is suggestive due to the use of leading questions; (12) The credibility of the person testifying about the statement. (e) The court; in determining whether a statement is admissible under this (1) Make a finding on the record as to the specific guarantees of (2) Determine the admissibility of the statement. - 3990 -
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Volume 773, Page 3990 View pdf image |
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