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SB5169 • 2026
Concerning testimony of children.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Testimony of children
These notes stay tied to the official amendment files and metadata from the legislature.
0 • Civil Rights & Judiciary
Plain English: 5169-S AMH CRJ H2052.1 SSB 5169 - H COMM AMD By Committee on Civil Rights & Judiciary NOT CONSIDERED 04/27/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
0 • Civil Rights & Judiciary
Plain English: 5169-S AMH CRJ H3657.1 SSB 5169 - H COMM AMD By Committee on Civil Rights & Judiciary NOT CONSIDERED 03/12/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
2119 • Farivar
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH FARI BAKY 493 1 - Official Print By Representative Farivar EFFECT: Lowers from 16 years to 13 years the age limit for children whose hearsay statement may be admissible if the statement describes an act or attempted act of sexual contact with or on the child, an act of physical abuse of the child, or a violent offense or an attempted violent offense committed against or by a person known by or familiar to the child witness.
978 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 454 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted act of sexual contact performed with or on the child witness or another child.
979 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 456 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted violation of trafficking or any offense identified in the statute concerning sexual exploitation of children.
980 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 455 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted act of physical abuse against the child witness or another child.
981 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 457 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted violent offense committed against or by a person known by or familiar to the child witness.
982 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 458 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted act of sexual contact performed with or on the child witness or another child.
983 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 460 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted violation of trafficking or any offense identified in the statute concerning sexual exploitation of children.
984 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 459 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted act of physical abuse against the child witness or another child.
985 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5169-S AMH WALJ BAKY 461 1 - Official Print EFFECT: Limits the circumstances under which a child's hearsay statement may be admissible by excluding cases when the child's statement describes an attempted violent offense committed against or by a person known by or familiar to the child witness.
1st substitute bill substituted.
Testimony of children
AN ACT Relating to testimony of children; and amending RCW 1 9A.44.120 and 9A.44.150. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 Sec. 1. RCW 9A.44.120 and 2024 c 298 s 17 are each amended to 4 read as follows: 5 (1) A statement not otherwise admissible by statute or court 6 rule, is admissible in evidence in dependency proceedings under Title 7 13 RCW and criminal proceedings, including juvenile offense 8 adjudications, in the courts of the state of Washington if:9 (a)(((i))) It is made by a child when under the age of ((ten 10 describing any act of sexual contact performed with or on the child 11 by another, describing any attempted act of sexual contact with or on 12 the child by another, or describing any act of physical abuse of the 13 child by another that results in substantial bodily harm as defined 14 by RCW 9A.04.110; or15 (ii) It is made by a child when under the age of 18 describing 16 any of the following acts or attempted acts performed with or on the 17 child: Trafficking under RCW 9A.40.100; commercial sexual abuse of a 18 minor under RCW 9.68A.100; promoting commercial sexual abuse of a 19 minor under RCW 9.68A.101; or promoting travel for commercial sexual 20 abuse of a minor under RCW 9.68A.102)) 18 and:21 S-0426.1 SENATE BILL 5169 State of Washington 69th Legislature 2025 Regular Session By Senators Nobles, Dhingra, Trudeau, and C. Wilson Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee on Law & Justice. p. 1 SB 5169 (i) Describes an act or attempted act of sexual contact performed 1 with or on the child witness by another person or with or on a child 2 other than the child witness by another person;3 (ii) Describes an act or attempted act of physical abuse against 4 the child witness by another person or against a child other than the 5 child witness by another person;6 (iii) Describes a violation or attempted violation of RCW 7 9A.40.100 (trafficking) or any offense identified in chapter 9.68A 8 RCW (sexual exploitation of children); or9 (iv) Describes a violent offense or an attempted violent offense 10 committed against a person known by or familiar to the child witness 11 or by a person known by or familiar to the child witness. For 12 purposes of this subsection (1)(a)(iv), "violent offense" has the 13 same meaning as defined in RCW 9.94A.030; 14 (b) The court finds, in a hearing conducted outside the presence 15 of the jury, that the time, content, and circumstances of the 16 statement provide sufficient indicia of reliability; and17 (c) The child either: 18 (i) Testifies at the proceedings; or 19 (ii) Is unavailable as a witness, except that when the child is 20 unavailable as a witness, such statement may be admitted only if 21 there is corroborative evidence of the act. 22 (2) A statement may not be admitted under this section unless the 23 proponent of the statement makes known to the adverse party his or 24 her intention to offer the statement and the particulars of the 25 statement sufficiently in advance of the proceedings to provide the 26 adverse party with a fair opportunity to prepare to meet the 27 statement. 28 Sec. 2. RCW 9A.44.150 and 2024 c 298 s 18 are each amended to 29 read as follows: 30 (1) On motion of the prosecuting attorney in a criminal 31 proceeding, the court may order that a child under the age of 18 may 32 testify in a room outside the presence of the defendant and the jury 33 while one-way closed-circuit television equipment simultaneously 34 projects the child's testimony into another room so the defendant and 35 the jury can watch and hear the child testify if: 36 (a) The testimony will: 37 p. 2 SB 5169 (i) Describe an act or attempted act of sexual contact performed 1 with or on the child witness by another person or with or on a child 2 other than the child witness by another person; 3 (ii) Describe an act or attempted act of physical abuse against 4 the child witness by another person or against a child other than the 5 child witness by another person; 6 (iii) Describe a violation or attempted violation of RCW 7 9A.40.100 (trafficking) or any offense identified in chapter 9.68A 8 RCW (sexual exploitation of children); or 9 (iv) Describe a violent offense ((as defined by RCW 9.94A.030)) 10 or an attempted violent offense committed against a person known by 11 or familiar to the child witness or by a person known by or familiar 12 to the child witness . For purposes of this subsection (1)(a)(iv), 13 "violent offense" has the same meaning as defined in RCW 9.94A.030;14 (b) The testimony is taken during the criminal proceeding;15 (c) The court finds by substantial evidence, in a hearing 16 conducted outside the presence of the jury, that: 17 (i) The particular child involved would be traumatized;18 (ii) The source of the trauma is not the courtroom generally, but 19 the presence of the defendant; and 20 (iii) The emotional or mental distress suffered by the child 21 would be more than de minimis, such that the child could not 22 reasonably communicate at the trial. If the defendant is excluded 23 from the presence of the child, the jury must also be excluded;24 (d) As provided in (a) and (b) of this subsection, the court may 25 allow a child witness to testify in the presence of the defendant but 26 outside the presence of the jury, via closed-circuit television, if 27 the court finds, upon motion and hearing outside the presence of the 28 jury, that: (i) The particular child involved would be traumatized; 29 (ii) the source of the trauma is not the courtroom generally, but the 30 presence of the jury; and (iii) the emotional or mental distress 31 suffered by the child would be more than de minimis, regardless of 32 whether or not the child could reasonably communicate at the trial in 33 front of the jury. If the child is able to communicate in front of 34 the defendant but not the jury the defendant will remain in the room 35 with the child while the jury is excluded from the room;36 (e) The court finds that the prosecutor has made all reasonable 37 efforts to prepare the child witness for testifying, including 38 informing the child or the child's parent or guardian about community 39 counseling services, giving court tours, and explaining the trial 40 p. 3 SB 5169 process. If the prosecutor fails to demonstrate that preparations 1 were implemented or the prosecutor in good faith attempted to 2 implement them, the court shall deny the motion; 3 (f) The court balances the strength of the state's case without 4 the testimony of the child witness against the defendant's 5 constitutional rights and the degree of infringement of the closed-6 circuit television procedure on those rights; 7 (g) The court finds that no less restrictive method of obtaining 8 the testimony exists that can adequately protect the child witness 9 from suffering emotional or mental distress that would be more than 10 de minimis; 11 (h) When the court allows the child witness to testify outside 12 the presence of the defendant, the defendant can communicate 13 constantly with the defense attorney by electronic transmission and 14 be granted reasonable court recesses during the child's testimony for 15 person-to-person consultation with the defense attorney;16 (i) The court can communicate with the attorneys by an audio 17 system so that the court can rule on objections and otherwise control 18 the proceedings; 19 (j) All parties in the room with the child witness are on camera 20 and can be viewed by all other parties. If viewing all participants 21 is not possible, the court shall describe for the viewers the 22 location of the prosecutor, defense attorney, and other participants 23 in relation to the child; 24 (k) The court finds that the television equipment is capable of 25 making an accurate reproduction and the operator of the equipment is 26 competent to operate the equipment; and 27 (l) The court imposes reasonable guidelines upon the parties for 28 conducting the filming to avoid trauma to the child witness or abuse 29 of the procedure for tactical advantage. 30 The prosecutor, defense attorney, and a neutral and trained 31 victim's advocate, if any, shall always be in the room where the 32 child witness is testifying. The court in the court's discretion 33 depending on the circumstances and whether the jury or defendant or 34 both are excluded from the room where the child is testifying, may 35 remain or may not remain in the room with the child.36 (2) During the hearing conducted under subsection (1) of this 37 section to determine whether the child witness may testify outside 38 the presence of the defendant and/or the jury, the court may conduct 39 p. 4 SB 5169 the observation and examination of the child outside the presence of 1 the defendant if: 2 (a) The prosecutor alleges and the court concurs that the child 3 witness will be unable to testify in front of the defendant or that 4 (i) the particular child involved would be traumatized; (ii) the 5 source of the trauma is not the courtroom generally, but the presence 6 of the defendant; and (iii) the emotional or mental distress suffered 7 by the child would be more than de minimis; 8 (b) The defendant can observe and hear the child witness by 9 closed-circuit television; 10 (c) The defendant can communicate constantly with the defense 11 attorney during the examination of the child witness by electronic 12 transmission and be granted reasonable court recesses during the 13 child's examination for person-to-person consultation with the 14 defense attorney; and 15 (d) The court finds the closed-circuit television is capable of 16 making an accurate reproduction and the operator of the equipment is 17 competent to operate the equipment. Whenever possible, all the 18 parties in the room with the child witness shall be on camera so that 19 the viewers can see all the parties. If viewing all participants is 20 not possible, then the court shall describe for the viewers the 21 location of the prosecutor, defense attorney, and other participants 22 in relation to the child. 23 (3) The court shall make particularized findings on the record 24 articulating the factors upon which the court based its decision to 25 allow the child witness to testify via closed-circuit television 26 pursuant to this section. The factors the court may consider include, 27 but are not limited to, a consideration of the child's age, physical 28 health, emotional stability, expressions by the child of fear of 29 testifying in open court or in front of the defendant, the 30 relationship of the defendant to the child, and the court's 31 observations of the child's inability to reasonably communicate in 32 front of the defendant or in open court. The court's findings shall 33 identify the impact the factors have upon the child's ability to 34 testify in front of the jury or the defendant or both and the 35 specific nature of the emotional or mental trauma the child would 36 suffer. The court shall determine whether the source of the trauma is 37 the presence of the defendant, the jury, or both, and shall limit the 38 use of the closed-circuit television accordingly. 39 p. 5 SB 5169 (4) This section does not apply if the defendant is an attorney 1 pro se unless the defendant has a court-appointed attorney assisting 2 the defendant in the defense. 3 (5) This section may not preclude the presence of both the child 4 witness and the defendant in the courtroom together for purposes of 5 establishing or challenging the identification of the defendant when 6 identification is a legitimate issue in the proceeding.7 (6) The Washington supreme court may adopt rules of procedure 8 regarding closed-circuit television procedures. 9 (7) All recorded tapes of testimony produced by closed-circuit 10 television equipment shall be subject to any protective order of the 11 court for the purpose of protecting the privacy of the child witness.12 (8) Nothing in this section creates a right of the child witness 13 to a closed-circuit television procedure in lieu of testifying in 14 open court. 15 (9) The state shall bear the costs of the closed-circuit 16 television procedure. 17 (10) A child witness may or may not be a victim in the 18 proceeding. 19 (11) Nothing in this section precludes the court, under other 20 circumstances arising under subsection (1)(a) of this section, from 21 allowing a child to testify outside the presence of the defendant and 22 the jury so long as the testimony is presented in accordance with the 23 standards and procedures required in this section.24 --- END --- p. 6 SB 5169