|
H.B. No. 0036 |
Rape shield law. |
Sponsored By: Representative(s) Gingery, Petersen and Quarberg and Senator(s) Decaria
AN ACT relating to crimes and offenses; specifying evidence that is admissible and is not admissible with respect to the victim's sexual conduct or communications in a sexual assault trial; providing exceptions; repealing procedures for the admission of evidence relating to the victim's prior sexual conduct, reputation and character; and providing for an effective date.
12/18/2006 Bill Number Assigned
1/9/2007 H Received for Introduction
1/10/2007 H Introduced and Referred to H01
1/15/2007 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Buchanan, Dockstader, Gingery, Mercer, Olsen, Shepperson and Throne
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
1/15/2007 H Placed on General File
Page 2-line 2 After "the" insert "victim's".
Page 2-line 3 Delete "of the victim".
Page 2-line 8 After "exceptions" insert "under"; after "which" insert "said evidence".
Page 2-line 19 Delete "." insert ";".
Page 2-after line 19 Insert "(iv) Evidence of the victim's prior false allegations of sexual assault.". BUCHANAN, CHAIRMAN
Page 1-line 11 Delete "a"; delete "subsection" insert "subsections".
Page 1-line 12 After "(d)" insert "and (e)".
Page 2-After line 19 After the standing committee amendment (HB0036HS001/A) to this line insert:
"(e) A written motion shall be made by the defendant to the court at least ten (10) days prior to trial stating the defendant intends to introduce evidence pursuant to paragraphs (d)(i) through (iv) of this section. The court shall order a hearing in chambers and shall issue an order stating what evidence shall be admissible pursuant to paragraphs (d)(i) through (iv) of this section. Any motion submitted pursuant to this subsection is privileged information and shall not be released or made available for public use or scrutiny in any manner, including post-trial proceedings.". GINGERY, BUCHANAN, OLSEN, SHEPPERSON
1/16/2007 H Passed CoW
1/17/2007 H Passed 2nd Reading
1/18/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
1/23/2007 S Received for Introduction
1/29/2007 S Introduced and Referred to S01; No Report Prior to CoW Cutoff
3/1/2007 S01 Motion to Do Pass Failed
ROLL CALL
Ayes: Senator(s) Decaria
Nays: Senator(s) Burns, Perkins, Ross and Sessions
Ayes 1 Nays 4 Excused 0 Absent 0 Conflicts 0