The bill establishes new procedures for child witnesses testifying in criminal cases involving serious offenses such as incest and sexual assault. It allows children under the age of sixteen to testify remotely, outside the presence of the defendant and jury, if the court determines that in-person testimony would cause the child significant emotional distress. The bill outlines specific conditions under which remote testimony can occur, including the use of two-way closed circuit television, and ensures that the defendant has the opportunity for real-time communication with their attorney during the testimony. Additionally, the court may exclude the jury from the room if their presence is likely to cause the child substantial emotional distress.

Furthermore, the bill amends existing law regarding videotaped depositions, allowing for the possibility of child testimony under the new conditions specified in the bill instead of requiring a videotaped deposition. It also introduces accommodations for child witnesses, such as age-appropriate questioning, the presence of supportive individuals, and the option to have therapeutic animals present during testimony. The effective date for this legislation is set for July 1, 2025.

Statutes affected:
Introduced: 7-11-408