GA Code § 24-8-820 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 2 - Admissions and Confessions|§ 24-8-820. Testimony as to Child's Description of Sexual Contact or Physical Abuse

  A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.   This Code section shall apply to any motion made or hearing or trial commenced on or after April 18, 2019.     (Code 1981, §24-8-820, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 222, § 13/HB 349; Ga. L. 2019, p. 81, § 6/HB 424.)    The 2013 amendment,  effective July 1, 2013, substituted the present provisions of this Code section for the former provisions, which read: "A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another shall be admissible in evidence by the testimony of the person to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability." See editor's note for applicability.    The 2019 amendment,  effective April 18, 2019, designated the existing provisions of this Code section as subsection (a); and added subsection (b).   Cross references.   - Competency of children generally, § 24-6-601 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2019, "on or after April 18, 2019" was substituted for "on or after the effective date of this subsection" at the end of subsection (b).   Editor's notes.   - Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."   Law reviews.   - For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001). For article, "Evidence," see 53 Mercer L. Rev. 281 (2001). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012). For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U.L. Rev. 17 (2013). For note, "Admissibility of Video-taped Testimony: What is the Standard After Maryland v. Craig and How Will the Practicing Defense Attorney be Affected?," see 42 Mercer L. Rev. 883 (1991). For note, "The Georgia Child Hearsay Statute, and the Sixth Amendment: Is There a Confrontation?," see 10 Ga. St. U.L. Rev. 367 (1994). For comment, "Maryland v. Craig: The Constitutionality of Closed Circuit Testimony in Child Sexual Abuse Cases," see 25 Ga. L. Rev. 167 (1990).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Recordings   Reliability   Application   Statements Admissible   Jury Issues and Instructions    RESEARCH REFERENCES   Corroboration of a Child's Sexual Abuse Allegation with Behavioral Evidence, 25 POF3d 189.   ALR.   - Witnesses: child competency statutes, 60 A.L.R.4th 369.   Validity, construction, and application of child hearsay statutes, 71 A.L.R.5th 637.