| Chapter 214 |
| 2022 -- S 2120 SUBSTITUTE A Enacted 06/27/2022 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT |
Introduced By: Senators DiMario, Euer, Lawson, Valverde, Zurier, Murray, and Burke |
| Date Introduced: January 25, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 11-37-13.1 of the General Laws in Chapter 11-37 entitled "Sexual |
| Assault" is hereby amended to read as follows: |
| 11-37-13.1. Recording -- Grand jury testimony -- Child assault. |
| (a)(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 fourteen (14) |
| sixteen (16) 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 |
| 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. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003967/SUB A |
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