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
THE SENATE |
S.B. NO. |
2146 |
TWENTY-SEVENTH LEGISLATURE, 2014 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
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)
Uupon
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)
tThe
video recording of the child's evidence is made contemporaneously with initial
complaint made to police authorities; and
(32)
Tthe
person interviewing the child is a police officer or forensic interviewer and
is made available at trial and authenticates the video recording; and
(43) Tthe
person interviewing asks the child non-leading questions; and
(54) Tthe
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.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Video evidence of child victims
Description:
Provides for evidence of child victims of serious crimes
to be admitted into evidence by way of athrough recorded
interview pr madeovided
interview is contemporaneously with themade around
time of initial complaint;,
provides
for thed the child is to be made
available for cross-examination;. provides
for exclusion of evidence that is elicited through leading questions by law
enforcement; Mitigates intended tothe lessen
re-traumatization of child victims and minimize of loss of evidence from young
children victims. by
providing for the accused's constitutional right to confront their accusers. Intended
also to mMinimizes the loss of
evidence associated with time lapse memory losses of young children.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.