HB 768 — Child victims and witnesses; using two-way closed-circuit television, expands age range.

SESSION INTRODUCEDHOUSE 24104919DSUBSTITUTE I24106208D HOUSE BILL NO.

768 NAMENDMENT OfferedIN JanuaryTHE 10,NATURE 2024OF A BILLSUBSTITUTE to(Proposed amendby andthe reenactHouse §Committee 18.2-67.9for Courts of theJustice Codeon ofFebruary Virginia,7, relating2024) to(Patron testimonyPrior byto childSubstitute––Delegate victimsDelaney) andA Band witnesses using two-way closed-circuit television;

standard.standard.lating to testimony by child victims Be it enacted by the General Assembly of Virginia:

R –––––––––– Patron––Delaney O –––––––––– D Referred to Committee for Courts of Justice –––––––––– U 1.

C § 18.2-67.9.

Testimony by child victims and witnesses using two-way closed-circuit televisioE.television.

The provisions of this section shall apply to an alleged victim who was 14 years of age or to a witness who is 14 years of age or younger at the time of the allegedtrial.nger offenseat the time of the trial and isIn 16any yearscriminal ofproceeding, ageincluding orpreliminary youngerhearings, involving an alleged offense against a childchild, atrelating theto timea violation of the triallaws andpertaining to akidnapping witnesspursuant whoto isArticle 143 years(§ 18.2-47 et seq.) of ageChapter 4, criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or youngerprostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) Uf Chapter murder of a childperson atof any age, the timeattorney for the Commonwealth or the defendant may apply for aneged order from the court that the testimony of the trial.alleged victim or a child witness be taken in a Soom outside the courtroom and be televised by two-way closed-circuit television.

InThe anyparty criminalseeking proceeding,such includingorder preliminaryshall hearings,apply involvingfor anthe allegedorder offenseat againstleast aseven child,30 relatingdays tobefore a violation of the lawstrial pertainingdate to kidnapping pursuant to Article 3 (§ 18.2-47 et commercial sex trafficking or prostitutionat offensesleast pursuantseven toEays Articlebefore 3such (§other 18.2-346preliminary etproceeding seq.) of Chapter 8, or family offenses pursuant to Articlewhich 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order fromis theto courtapply. that the testimony of the alleged victim or a child witness be taken in a Hoom outside the courtroom and be televised by two-way closed-circuit television.

The party seeking 7uch order shall apply for the order at least seven days before the trial date or at least seven day8 before such other preliminary proceeding to which the order is to apply.

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The substantial likelihood The court's finding, by aclear preponderanceand ofconvincing the evidence, based uponuBon experta opinionresult testimony,of thattestifying in the childdefendant's willpresence sufferand severenot emotionalin traumathe fromcourtroom generally, such thaS it so thatas isprevents morethe thanchild defrom minimisreasonably ascommunicating ato resultthe ofjury testifyingor inrenders the defendant'schild presenceunavailable andto nottestify, or will cause the courtroomchild generally.to suffer long-lasting adverse effects.

T Any ruling on the child's unavailability under this subsection shall be supported by the couIt with 35 findings on the record or with written findings in a court not of record.erecord. supported by the court with 36 C.

In any proceeding in which closed-circuit television is used to receive testimony, the attorney for 37 the Commonwealth and the defendant's attorney shall be present in the room with the child, and thetheney for / 38 child shall be subject to direct and cross-examination.

The only other persons allowed to be present in / 39 the room with the child during his testimony shall be those persons necessary to operate the T 40 closed-circuit equipment and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

E defendant, jury, judge, and public to view.

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