The bill amends the Code of West Virginia to redefine the term "child witness" and to establish provisions for allowing child witnesses to testify via live, closed-circuit television in cases involving allegations of physical, sexual, or psychological abuse. Specifically, the definition of "child witness" is updated to refer to individuals under the age of sixteen who are called to testify in criminal matters. The bill also introduces the concept of "live, closed-circuit television," which facilitates simultaneous transmission of testimony from a testimonial room to the courtroom, ensuring that child witnesses can provide their accounts without the distress of being in the physical presence of the defendant.

Additionally, the bill outlines the process for a circuit court to permit testimony via closed-circuit television, requiring a written motion from the prosecuting attorney, child's attorney, or guardian ad litem, along with specific findings of fact. The court must determine that the child is a competent witness, that their ability to testify is hindered by the presence of the defendant, and that their testimony is crucial for the prosecution. Factors such as the child's age, the nature of the alleged offense, and any potential emotional harm to the child are considered. Furthermore, the court is mandated to appoint a qualified psychiatrist or psychologist to assess the potential emotional impact on the child witness, ensuring that their well-being is prioritized in the judicial process.

Statutes affected:
Introduced Version: 62-6B-2, 62-6B-3
Committee Substitute: 62-6B-2, 62-6B-3
Engrossed Committee Substitute: 62-6B-2, 62-6B-3
Enrolled Committee Substitute: 62-6B-2, 62-6B-3