Statutes | 9 GTBC ยง 337 | 2020

(a) Evidence of a statement by a declarant is admissible if all of the following apply:
            (1) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant.
            (2) The action in which the evidence is offered under this section is an offense involving domestic violence.
            (3) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of a statement made more than five (5) years before the filing of the current action or proceeding is inadmissible under this section.
            (4) The statement was made under circumstances that would indicate the statement&rsquos trustworthiness.
            (5) The statement was made to a law enforcement officer.
 
(b) Circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
            (1) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested.
            (2) Whether the declarant has bias or motive for fabrication of the statement, and the extent of any bias or motive.
            (3) Whether the statement is corroborated by evidence other than statements that are admissible only under this section.
 
(c) If the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence, including the statements of witnesses or summary of the substance of any testimony that is expected to be offered, to the defendant not less than fifteen (15) days before the scheduled date of trial or at a later time as allowed by the court for good cause shown.
 
(d) Nothing in this section shall be construed to abrogate any privilege conferred by law.
 
(e) As used in this section:
            (1) &ldquoDeclarant&rdquo means a person who makes a statement.
            (2) &ldquoDomestic Violence&rdquo or &ldquooffense involving domestic violence&rdquo means an occurrence of one (1) or more of the following:
                        (A) Causing or attempting to cause physical or mental harm to a family or household member
                        (B) Placing a family or household member in fear of physical or mental harm
                        (C) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
                        (D) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested (3) &ldquoFamily or household member&rdquo means any of the following:
                        (A) A spouse or former spouse
                        (B) An individual with whom the person resides or has resided
                        (C) An individual with whom the person has or has had a child in common
                        (D) An individual with whom the person has or has had a dating relationship as used in the subparagraph, &ldquodating relationship.&rdquo
 
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.