SB224 Alabama 2014 Session

Summary

Primary Sponsor

Jerry L. Fielding

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

SB224 would allow certain out-of-court statements by children under 12 to be admitted as evidence in criminal cases involving child offenses, if the statements were given when the child was under 12 and other conditions are met.

What This Bill Does

The bill amends the rules for admitting a child's out-of-court statements in crimes involving child physical offenses, sexual offenses, or exploitation. It allows such statements to be admitted if the child was under 12 at the time the statement was given and the other requirements in law (Section 15-25-32) are met, provided the statement isn’t already admissible under other rules. This change narrows or expands admissibility depending on how the current exceptions are applied, but keeps the overall process tied to specific conditions.

Who It Affects

• Children under 12 who are witnesses or victims and provide out-of-court statements in relevant criminal cases, whose statements could be admitted under the new rule if conditions are met.
• Criminal defendants in cases involving child physical offenses, sexual offenses, or exploitation, whose cases may include admitted statements from child witnesses as evidence under the amended rule.

Key Provisions

• Amends Section 15-25-31 to allow an out-of-court statement made by a child under 12 at the time the statement was given, concerning an act that is a material element of a crime involving a child physical offense, sexual offense, or exploitation (as defined in Section 15-25-39), to be admissible if the statement is not otherwise admissible and the requirements of Section 15-25-32 are met.
• Effective on the first day of the third month following its passage and governor's approval.

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