Bill Text: MN HF3002 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Child testimony manner provided.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-03-17 - Authors added Bly and Simonson [HF3002 Detail]
Download: Minnesota-2013-HF3002-Introduced.html
1.2relating to witness testimony; providing for manner of child testimony;proposing
1.3coding for new law in Minnesota Statutes, chapter 595.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [595.065] CHILD WITNESS TESTIMONY.
1.6 Subdivision 1. Definitions. For the purposes of this section, "child" means a person
1.7under the age of 18.
1.8 Subd. 2. Child witness testimony. When a child is to testify in a proceeding, the
1.9court shall conduct the proceedings in a manner that addresses the rights of the defendant
1.10and the well-being of the child. In the interests of the child witness, the court may:
1.11(1) administer an oath to the child in a manner that allows the child to understand the
1.12duty to tell the truth according to the child's developmental level;
1.13(2) explain to the child prior to the initiation of testimony that the child may notify
1.14the court if the child does not understand a question;
1.15(3) rephrase, or request the attorney to rephrase, a question asked of the child to
1.16ensure the child understands the question and is able to answer that question completely;
1.17(4) allow for recesses during the child's testimony when necessary for the energy,
1.18comfort, or attention span of the child;
1.19(5) permit the child to have a comfort item in the child's possession while testifying,
1.20upon the request of the party calling the child witness, unless the court finds that granting the
1.21motion is likely to unfairly prejudice the trier of fact in evaluating the child's testimony; and
1.22(6) allow the child witness to request a supportive person, whether or not the person is
1.23a witness in the case, during the testimony of the child, unless the court finds that granting
1.24the motion is likely to unfairly prejudice the trier of fact in evaluating the child's testimony.
2.1EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
2.2commenced on or after August 1, 2014.
1.3coding for new law in Minnesota Statutes, chapter 595.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [595.065] CHILD WITNESS TESTIMONY.
1.6 Subdivision 1. Definitions. For the purposes of this section, "child" means a person
1.7under the age of 18.
1.8 Subd. 2. Child witness testimony. When a child is to testify in a proceeding, the
1.9court shall conduct the proceedings in a manner that addresses the rights of the defendant
1.10and the well-being of the child. In the interests of the child witness, the court may:
1.11(1) administer an oath to the child in a manner that allows the child to understand the
1.12duty to tell the truth according to the child's developmental level;
1.13(2) explain to the child prior to the initiation of testimony that the child may notify
1.14the court if the child does not understand a question;
1.15(3) rephrase, or request the attorney to rephrase, a question asked of the child to
1.16ensure the child understands the question and is able to answer that question completely;
1.17(4) allow for recesses during the child's testimony when necessary for the energy,
1.18comfort, or attention span of the child;
1.19(5) permit the child to have a comfort item in the child's possession while testifying,
1.20upon the request of the party calling the child witness, unless the court finds that granting the
1.21motion is likely to unfairly prejudice the trier of fact in evaluating the child's testimony; and
1.22(6) allow the child witness to request a supportive person, whether or not the person is
1.23a witness in the case, during the testimony of the child, unless the court finds that granting
1.24the motion is likely to unfairly prejudice the trier of fact in evaluating the child's testimony.
2.1EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
2.2commenced on or after August 1, 2014.
