House Bill 2099, also known as Senate Bill 2359, amends Tennessee Code Annotated regarding the testimony of child victims in court. The bill designates existing subsection (a) as subdivision (a)(1) and introduces new subdivisions that clarify the process for child testimony. Notably, it states that a child does not need to be present in the courtroom for the trial judge to make a determination regarding their testimony. Additionally, it establishes a rebuttable presumption that children under the age of thirteen may experience trauma from the defendant's presence, which could hinder their ability to communicate effectively.

Furthermore, the bill stipulates that before a trial judge can order a child's testimony to be taken via two-way CCTV, they must ensure that such an order does not unduly prejudice the defendant. This amendment aims to balance the needs of child victims with the rights of defendants, ensuring that the judicial process remains fair while also considering the emotional well-being of young witnesses. The act is set to take effect upon becoming law, emphasizing the importance of protecting vulnerable witnesses in legal proceedings.

Statutes affected:
Introduced: 24-7-120