HB1728: Child victims and witnesses; using two-way closed-circuit television.

Legislative Summary

Child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology; standard. Allows the court to order that the testimony of a child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology 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 clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant's presence and not in the courtroom generally where such trauma would impair the child's ability to communicate.Under current law, the court may order such testimony be taken by two-way closed-circuit television if it finds that (i) the child has a substantial inability to communicate about the offense or (ii) there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.The bill also extends the application window for the party seeking such order from seven to 14 days before the trial date or such other preliminary proceeding to which such order is to apply.