June 18, 2013

New Bill Signed Creating Exception to Hearsay Rule; Allows Testimony from Persons with Developmental Disabilities

On Tuesday, April 3, 2012, Governor John Hickenlooper signed HB 12-1085 into law, which creates an exception to the hearsay rule and allows testimony from persons with developmental disabilities in certain circumstances.

An out-of-court statement made by a person with a developmental disability that is not otherwise admissible as an exception to hearsay is admissible in any criminal or delinquency proceeding in which the person is alleged to have been a victim and the statement describes all or part of any of the following offenses:

  1. Sexual assault;
  2. Unlawful sexual contact;
  3. Sexual assault on a child;
  4. Sexual assault on a child by one in a position of trust;
  5. Internet exploitation of a child;
  6. Sexual assault on a client by a psychotherapist;
  7. Incest;
  8. Aggravated incest;
  9. Trafficking in children;
  10. Sexual exploitation of a child;
  11. Indecent exposure; or
  12. Criminal attempt to commit any of these acts.

Click here to read the full bill, including further limiting factors for this exception to the hearsay rule.

Additionally, Governor Hickenlooper also signed the following bills into law on Monday:

  • HB 12-1065Deadline Advanced Practice Nurse Retain Prescriptive Authority
    • Concerning the Deadline for an Advanced Practice Nurse Who was Granted Prescriptive Authority Prior to July 1, 2012, to develop an Articulated Plan for Purposes of Retaining Prescriptive Authority.
  • HB 12-1061The Skills for Jobs Act
    • Concerning Requiring a Report of the Correlation between the Educational Credentials Issued and the State’s Workforce Needs

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

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2013-06-19 04:48:38