§ 15-25-32 — Out-of-Court Statement - Requirements for Admissibility

Alabama § 15-25-32

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 25: Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children
• Art. 2: The Child and Protected Person Physical and Sexual Abuse, and Violent Offense Victim Protection Act

Text

An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur:
(1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of the testimony is subject to cross-examination about the out-of-court statements.
(2) The court finds that the witness’s out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness and there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the witness from the jurisdiction of the court or that the defendant engaged in wrongdoing that was intended to, and did, procure the unavailability of the witness.

Legislative History

(Acts 1989, No. 89-876, p. 1754, §3; Act 2022-201, §2.)