The bill amends the definitions and procedures related to child witnesses in West Virginia's legal system, specifically in cases involving allegations of physical, sexual, or psychological abuse. It redefines "child witness" to include individuals under the age of sixteen who are called to testify in criminal matters. Additionally, the bill allows for the testimony of child witnesses to be taken via live, closed-circuit television, ensuring that the child does not have to be in the physical presence of the defendant during their testimony.

To implement this change, the bill outlines specific findings that a circuit court must establish before permitting a child witness to testify through closed-circuit television. These findings include the child's competency as a witness, the necessity of the testimony for the prosecution, and the potential emotional harm the child may experience from being in the defendant's presence. The court is also required to consider various factors, such as the child's age, the nature of the alleged offense, and any mental or physical handicaps the child may have. Furthermore, the court must appoint a qualified psychiatrist or psychologist to provide an expert opinion on the potential emotional impact on the child witness.

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