Chapter

Chapter 473

2004 -- H 7937

Enacted 07/07/04

A N A C T

RELATING TO CRIMINAL OFFENSES

Introduced By: Representatives T Brien, Laroche, Landroche, Menard, and Gallison

Date Introduced: February 12, 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.

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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LC02464

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