For the purposes of finding circumstances demonstrating reliability pursuant to
clause (2) of subsection (c) a judge may consider whether the relator documented
the child witness's statement, and shall consider the following factors:
(i) the clarity of the statement, meaning, the child's capacity to observe,
remember, and give expression to that which such child has seen, heard, or
experienced; provided, however, that a finding under this clause shall be
supported by expert testimony from a treating psychiatrist, psychologist, or
clinician;
Cii) the time, content and circumstances of the statement;
Ciii) the existence of corroborative evidence of the substance of the statement
regarding the abuse including either the act, the circumstances, or the identity of
the perpetrator;
Civ) the child's sincerity and ability to appreciate the consequences of the
statement.
Cd) An out-of-court statement admissible by common law or by statute shall
remain admissible notwithstanding the provisions of this section.
Section 83. Ca) Any out-of-court statements of a child under the age of ten
describing any act of sexual contact performed on or with the child, the circumstances under which it occurred, or which identifies the perpetrator offered in an
action brought under subparagraph C of section twenty-three or section twentyfour of chapter one hundred and nineteen shall be admissible; provided, however
that the person to whom the statement was made, or who heard the child make
the statement testifies, and the judge finds that the statement is offered as evidence
of a material fact and is more probative on the point for which it is offered than
any other evidence which the proponent can procure through reasonable effort.
Cb) An out-of-court statement admissible by common law or by statute shall
remain admissible notwithstanding the provisions of this section.
Approved December 19, 1990.
Chapter 340.
AN ACT FURTHER REGULATING THE FEES CHARGED
FOR THE REGISTRATION OF CERTAIN MOTOR VEHICLES.
Be it enacted, etc., as follows:
Chapter 653 of the acts of 1989 is hereby amended by striking out section 245
and inserting in place thereof the following section:Section 245. The provisions of sections forty-three, forty-four, forty-five, fortyseven, forty-eight, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight,
fifty-nine, sixty, sixty-two, sixty-three, sixty-four, and ninety-five of this act shall
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take effect on January first, nineteen hundred and ninety for the registration year
starting January first, nineteen hundred and ninety-two; provided, however, that
the registrar of motor vehicles shall on or before April first, nineteen hundred and
ninety-one conduct a study and file with the joint committee on public safety a
report describing in detail the various feasible alternatives that are available to
accomplish the purposes of said sections forty-three, forty-four, forty-five, fortyseven, forty-eight, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight,
fifty-nine, sixty, sixty-two, sixty-three, sixty-four, and ninety-five, including in
particular, use of a sticker system, so-called; and provided, further, that on or before
June first, nineteen hundred and ninety-one the registrar of motor vehicles shall file
with the joint committee on public safety a plan to carry out the purposes of said
sections forty-three, forty-four, forty-five, forty-seven, forty-eight, fifty-three, fiftyfour, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-two, sixtythree, sixty-four, and ninety-five together with drafts of necessary legislation, in a
manner designed to minimize the costs to the public, to avoid fraud and abuse
associated with the misuse of general distinguishing registrations and number
plates, and to promote the collection of all taxes due and owing to the
commonwealth and the cities and towns.
Approved December 20, 1990.
Chapter 34l.
AN ACT RELATIVE TO THE TRIAL COURTS OF THE
COMMONWEALTH.
Be it enacted, etc., as follows:
SECTION 1. The chief administrative justice of the trial court is hereby
authorized to transfer amounts, as needed, among the following line items: items
0330-0100 through 0339-2200, excluding items 0330-2030, 0330-2040, 0330-2200,
and 0330-2410 in section two of chapter one hundred and fifty of the acts of
nineteen hundred and ninety, as reduced by section one A of said chapter;
provided, that said chief administrative justice shall submit a transfer of funds
proposal to the house committee on ways and means for approval. Said house
committee on ways and means shall approve or reject said proposal within three
days of submission. The transfer of funds proposal when approved by the house
committee on ways and means shall be placed on file with the office of the clerk
of the house of representatives.
SECTION 2. The chief justice of the appeals court, or his designee, is hereby
authorized to transfer amounts, as needed, between item 0322-0001 and item 03220002 in section two of chapter one hundred andfiftyof the acts of nineteen hundred
and ninety, as reduced by section one A of said chapter; provided, that within
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