Senate advances S.190 to limit child depositions and extend hearsay exception in serious-injury cases

Senator Mills, the senator from Franklin County and the Judiciary Committee’s reporter, told the Senate that S.190 would reduce the number of times a child victim must recount alleged physical abuse that resulted in serious bodily injury by amending court rules and evidence provisions. “The purpose of S.190 is to limit the number of times a child must recount their experience of physical abuse that resulted in serious bodily injury,” Mills said.

Mills explained that the bill acts through court rules (not statutes), citing the General Assembly’s authority under 12 V.S.A. chapter 1 to amend court procedure. The measure would extend existing protections for deposition and hearsay — now applied in certain sexual-abuse contexts and to children 12 and under — to children under 16 who are victims in cruelty-to-a-child cases involving serious bodily injury. Mills said the change would allow courts to admit recorded out-of-court statements under specified reliability safeguards and require courts to appoint counsel and protective orders when depositions occur.

An amendment offered by the senator from Chittenden Central would require that forensic interviews be recorded and reported in the manner proposed by the bill; the sponsor said the change memorializes common practice, increases transparency about evidence quality and was supported by both the Center for Crime Victim Services and the Defender General’s Office. “The amendment is a straightforward amendment that is supported by both the Center For Crime Victim Services and the Defender General’s office,” the sponsor said.

Supporters told the committee and the floor they had heard from legislative counsel, the Defender General’s Office, victim advocates, county state’s attorneys, child advocacy centers and the judiciary’s chief superior judge. Mills and other backers said some serious-physical-abuse cases have been dismissed in the past because investigators could not rely on a child’s repeated in‑court testimony without inflicting further trauma.

The Senate adopted the Judiciary Committee report as amended by voice vote and ordered the bill to third reading. The bill’s effective date was stated in committee as July 1, 2024. The clerk’s record shows the committee voted to report favorably with the amendment and the Senate proceeded by voice vote; a numerical roll call tally was not provided on the floor.

What’s next: S.190 was ordered for third reading; further debate, amendments, or a recorded roll-call vote may occur on that reading.