HB 768

Abstract

Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range during which a childmay testify using two-way closed-circuit television in a criminalcase to include any child younger than 18 years of age at the timeof the trial. Under current law, an alleged victim must be 14 yearsof age or younger at the time of the alleged offense and 16 yearsof age or younger at the time of the trial to testify by two-wayclosed-circuit television, and a child witness must be 14 years ofage or younger at the time of the trial to so testify. The bill alsoprovides that the court may order that the testimony of a child betaken by two-way closed-circuit television if it finds that the childis 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 preponderanceof the evidence, based upon expert opinion testimony, that the childwill suffer emotional trauma that is more than de minimis as a resultof testifying in the defendant's presence and not the courtroom generally.Under current law, the court may order such testimony be taken bytwo-way closed-circuit television if there is a substantial likelihood,based upon expert opinion testimony, that the child will suffer severeemotional trauma from so testifying.