Chapter 385
2004 -- S 2581
Enacted 07/05/04
A N A C T
RELATING
TO CRIMINAL OFFENSES
Introduced
By: Senators Polisena, Damiani, Sosnowski, and DaPonte
Date
Introduced: February 11, 2004
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 11-37-13.1 and 11-37-13.2 of the General Laws in Chapter 11-37
entitled
"Sexual Assault" are hereby amended to read as follows:
11-37-13.1.
Recording -- Grand jury testimony -- Child assault. -- (a) In any grand
jury
proceeding investigating a sexual assault alleged to have been committed
against a child, a
recording
of a statement from the alleged victim who is thirteen (13) fourteen
(14) years of age or
younger
at the time of the proceeding shall be admissible into evidence at the
proceeding if:
(1) The statement is sworn to under oath by the child, and the significance of
the oath is
explained
to the child;
(2) The recording is both visual and aural and is recorded on film or videotape
or by
other
electronic means;
(3) The recording equipment was capable of making an accurate recording, the
operator
of
the equipment was competent, and the recording is accurate and has not been
altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioning calculated to lead
the child to
make
a particular statement;
(6) The person conducting the interview is an attorney in the department of the
attorney
general
or another person chosen by the attorney general to make the proceeding less
intimidating
to
the child, and the interviewer is available to testify at the proceeding;
(7) The child is available to testify if requested by the grand jurors; and
(8) The recording is made a part of the record of the grand jury.
(b) In any grand jury proceeding investigating a sexual assault alleged to have
been
committed
against a child, a recording of a statement from the alleged victim who is more
than
thirteen
(13) fourteen
(14) years of age and less than eighteen (18) years of age at the time of
the
proceeding
shall be admissible into evidence at the proceeding if:
(1) The attorney general petitions the court for permission to introduce the
recording at
the
proceeding; and
(2) The court grants the petition upon a finding that the child would suffer
unreasonable
and
unnecessary mental or emotional harm if required to appear personally before
the grand jury
in
order to testify; and
(3) All of the conditions as set forth in subsection (a) of this section are
followed.
11-37-13.2.
Alternative methods of victim testimony -- Child victim. -- (a) In any
judicial
proceeding in which a person has been charged with sexual assault of a child
who at the
time
of trial is seventeen (17) years of age or less, the court may order, upon a
showing that the
child
is unable to testify before the court without suffering unreasonable and
unnecessary mental
or
emotional harm, that the testimony of the child be taken in a room other than
the courtroom
and
either be recorded for later showing before the court and/or the finder of fact
in the
proceeding
or be broadcast simultaneously by closed circuit television to the court and/or
finder
of
fact in the proceeding. When the child is thirteen (13) fourteen (14)
years of age or younger at
the
time of trial, there shall be a rebuttable presumption that the child is unable
to testify before
the
court without suffering unreasonable and unnecessary mental or emotional harm.
Only the
judge,
attorneys for the parties, persons necessary to operate the recording or
broadcasting
equipment,
and any person whose presence would contribute to the welfare and well-being of
the
child
may be present in the room with the child during his or her testimony.
Examination and
cross-examination
shall proceed in the same manner as permitted at the trial or hearing.
(b) The persons operating the equipment shall be confined to an adjacent room
or behind
a screen
or mirror which permits them to see and hear the child during his or her
testimony, but
does
not permit the child to see or hear them. The court shall permit the defendant
to observe and
hear
the testimony of the child in person, but ensure that the child cannot hear or
see the person
alleged
to have committed the assault. The defendant shall be afforded a means of
communicating
with his or her attorney throughout the proceedings, and, upon request of the
defendant
or his or her attorney, recesses shall be permitted to allow them to confer.
The court
shall
ensure that:
(1) The recording or broadcast is both visual and aural and is recorded on film
or
videotape
or by other electronic means;
(2) The recording equipment was capable of making an accurate recording, the
operator
of
the equipment was competent, and the recording is accurate and has not been
altered;
(3) Each voice on the recording is identified;
(4) Each party is afforded an opportunity to view any recording made prior to
trial before
it is
shown in the courtroom; and
(5) The statement is sworn to under oath by the child.
(c) If the court orders the testimony of a child to be so recorded or
broadcast, the child
shall
not be required to testify at the proceeding for which the testimony was taken,
and the
testimony
shall be used in lieu of the live testimony of the child.
SECTION
2. This act shall take effect upon passage.
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LC02620
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