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Center for Media and Democracy Alec Model Legislation Hearsay in Public Hearings Act

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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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Model Legislation

Public Safety and Elections

Hearsay in Public Hearings Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would allow courts to admit evidence from a victim or witness without the
actual presence of a victim or witness in proceedings or hearings in which the court
is determining if probable cause exists to believe a crime was committed.
Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title} This Act may be cited as the Hearsay in Public Hearings Act.
Section 2. {Admissibility of hearsay in preliminary proceedings} In
connection with a criminal case, where the issue to be determined is whether
probable cause exists to believe the defendant has committed the crime, hearsay
evidence shall be admissible, and the finding of probable cause may be based
upon hearsay evidence in whole or in part. No victim or witness shall be required to
appear unless the court, in light of the evidence and arguments submitted by the
parties, determines that the appearance of the victim or witness likely would lead
to a finding that there is no probable cause, or unless other compelling
circumstances exist.
Section 3. {Severability clause}
Section 4. {Repealer clause}
Section 5. {Effective date}
ALEC's Sourcebook of American State Legislation 1995
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Center for Media
and Democracy's
quick summary
This is a bill aimed at rolling-back constitutional protections in criminal justice, specifically common law
rules aimed at deterring police misconduct (see also "Exclusionary Rule Act"). Hearsay is already
admissible when a judge is deciding whether probable cause exists to issue an arrest warrant. This bill
instead would apply at trial, in determining whether the original search, arrest, or entry was justified. This
bill would allow the admission of hearsay evidence in determining whether probable cause originally
existed, essentially denying the accused his or her constitutional rights to confront his or her accusers and
cross-examine witnesses against him or her.

 

 

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