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1995 SESSION
HB 1389 Child victims; closed-circuit testimony.
Introduced by: Flora D. Crittenden | all patrons ... notes | add to my profiles
SUMMARY:
Child victims; closed-circuit testimony. Mandates the use of closed-circuit testimony of a child 12 or under upon certain findings by the court. Previously, use of closed-circuit testimony was permissive upon similar findings. The findings are modified to (i) eliminate the child's refusal to testify as a condition justifying its use, (ii) specify that the emotional trauma which may be suffered by the child if he testifies in open court need not be "severe," (iii) include as a factor the possibility that the child's testimony would be altered due to intimidation if the defendant were present and (iv) allow the court to order closed-circuit testimony if "warranted by the circumstances" absent a finding of any of the other conditions. Use of closed-circuit testimony for children over 12 is made discretionary.