Bill Text: HI SB2146 | 2014 | Regular Session | Introduced
Bill Title: Video evidence of child victims
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2014-01-17 - Referred to JDL. [SB2146 Detail]
Download: Hawaii-2014-SB2146-Introduced.html
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THE SENATE |
S.B. NO. |
2146 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VIDEO TESTIMONY OF CHILD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 626, Hawaii Revised Statutes, Rule 616 is amended to read as follows:
Rule 616 [Televised]
Video testimony of child.
(a) In any prosecution of an abuse
offense or sexual offense alleged to have been committed against a child less
than [eighteen] fourteen years of age at the time of the [testimony,]
offense, the court may [order that the testimony of the child be
taken in a room other than the courtroom and be televised by two-way closed
circuit video equipment to be viewed by the court, the accused, and the trier
of fact, if the court finds that requiring the child to testify in the physical
presence of the accused would likely result in serious emotional distress to
the child and substantial impairment of the child's ability to
communicate. During the entire course of such a procedure, the attorneys
for the defendant and for the State shall have the right to be present with the
child, and full direct and cross-examination shall be available as a matter of
right.] allow the child's evidence-in-chief to be admitted by way of,
but not limited to, video recording, provided:
(1) Upon considering the video recording and other relevant evidence the trial court finds on the balance of probabilities the child was competent to give evidence at the time the video recording of the child's evidence was made in addition to being competent to give evidence at trial; and
(2) The video recording of the child's evidence is made contemporaneously with initial complaint made to police authorities; and
(3) The person interviewing the child is a police officer or forensic interviewer and is made available at trial and authenticates the video recording; and
(4) The person interviewing asks the child non-leading questions; and
(5) The child is made available at trial for cross-examination.
(b) A forensic interviewer shall be an expert witness and may include but shall not be limited to persons who are licensed counsellors, social workers, psychologists and psychiatrists acting under or for a law enforcement agency or government department.
(c) If a video recording of a child's evidence contains one or more leading questions and responses to the leading question(s) such leading evidence may be excluded by editing the video recording without excluding the entire video recording provided the leading question or questions do not substantially impair the reliability of the remaining video recorded evidence.
(d) A full copy of unedited recording of the child's evidence shall be supplied to the accused or the accused's attorney at least 14 days prior to hearing or as required by subpoena.
(e) If the court orders the exclusion of any evidence from the video recording as leading evidence or for any other reason and the recording is subsequently edited a copy of the edited tape shall be supplied to accused or the accused's attorney with reasonable time for the accused to view the edited video recording before the evidence is played to the trier of fact and admitted into evidence.
(f) Notwithstanding any other provision in this section a court may exclude the video recording of the child's evidence if there is clear and convincing evidence that the video recorded evidence is otherwise unreliable.
(g) Notwithstanding any other provision in this section a video recording of the child's evidence may be presented and played to a grand jury.
SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Video evidence of child victims
Description:
Provides for evidence of child victims of serious crimes to be admitted into evidence through recorded interview provided interview is made around time of initial complaint; provides for the child to be made available for cross-examination; provides for exclusion of evidence that is elicited through leading questions by law enforcement; intended to lessen re-traumatization of child victims and minimize of loss of evidence from young children victims.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
