HB2129: Child victims and witnesses; using two-way closed-circuit television, expands age range.

Legislative Summary

Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying. Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.