HB153 Alabama 2014 Session

Summary

Primary Sponsor

Allen Farley

Republican

Session

Regular Session 2014

Title

Criminal procedure, hearsay statements of a child, admissible if child was under 12 years of age at the time statement was given, Sec. 15-25-31 am'd.

Summary

HB153 would let certain statements made by a child under 12 be admitted as evidence in some child offense cases, under specific conditions.

What This Bill Does

It amends Section 15-25-31 to allow an out-of-court statement by a child under 12 at the time the statement was given to be admissible in criminal proceedings if the act is a material element of a child physical offense, sexual offense, or exploitation and the statement would not be admissible otherwise, provided the requirements of Section 15-25-32 are met. The crimes covered are those defined in Section 15-25-39. The change becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Children under 12 who may make statements: their statements could be admitted as evidence in specific criminal cases if criteria are met.
• Defendants charged with child physical offenses, sexual offenses, or exploitation: potential for new admissibility of a child’s statement.
• Prosecutors and courts: must apply the amended rule and related sections (15-25-32 and 15-25-39) when evaluating admissibility.
• Victims/witnesses in relevant cases: may be affected by changes in how statements from young children can be used in court.

Key Provisions

• Amendment to Section 15-25-31 clarifying that an out-of-court statement made by a child under 12 at the time the statement was given, about an act that is a material element of a crime involving child physical offense, sexual offense, or exploitation (as defined in Section 15-25-39) and not otherwise admissible, is admissible in criminal proceedings if the requirements of Section 15-25-32 are met.
• Effective date: This act becomes effective on the first day of the third month following its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Evidence