Bill Text: MN SF1035 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Child witness testimony procedures; presence of support person for adult prosecuting witness requirement
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Judiciary [SF1035 Detail]
Download: Minnesota-2013-SF1035-Introduced.html
1.2relating to witness testimony; providing for manner of child testimony; providing
1.3for support person for child and certain adult witnesses;proposing coding for
1.4new law in Minnesota Statutes, chapters 595; 631; repealing Minnesota Statutes
1.52012, section 631.046.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [595.065] CHILD WITNESS TESTIMONY.
1.8 Subdivision 1. Definitions. For the purposes of this section, "child" means a person
1.9under the age of 18.
1.10 Subd. 2. Oath and reading of rights. When a child is to testify in a proceeding,
1.11the court shall:
1.12(1) administer an oath to the child in a manner that allows the child to understand the
1.13duty to tell the truth according to the child's developmental level; and
1.14(2) explain to the child prior to the initiation of testimony that the child has the right to:
1.15(i) notify the court during questioning if the child does not understand a question; and
1.16(ii) have a question restated in a form that the child does understand.
1.17 Subd. 3. Appropriate questioning and duration of testimony. To ensure
1.18that the testimony of the child is taken in a manner appropriate to the child's age and
1.19developmental level, the court may:
1.20(1) rephrase, or request the attorney to rephrase, a question asked of the child to
1.21ensure the child understands the question and is able to answer that question completely; or
1.22(2) set the time for testimony when the child is best able to understand the questions
1.23and maintain sufficient attention and energy for testifying, including:
1.24(i) limiting the duration of questioning by allowing for recesses during the child's
1.25testimony;
2.1(ii) limiting the timing of the child's testimony to the child's normal school hours;
2.2(iii) ordering a recess when necessary for the energy, comfort, or attention span
2.3of the child; or
2.4(iv) adjusting the layout of the courtroom.
2.5 Subd. 4. Comfort item. The court shall permit the child to have a comfort item
2.6in the child's possession while testifying, upon the request of the party calling the child
2.7witness, unless the court finds that granting the motion is likely to unfairly prejudice the
2.8trier of fact in evaluating the child's testimony.
2.9 Subd. 5. Supportive person. Notwithstanding any other law, a child witness may
2.10request to have in attendance or be accompanied by a parent, guardian, or other supportive
2.11person, whether or not the person is a witness in the case, during the testimony of the child.
2.12If the person so chosen is also a prosecuting witness, the party wishing to call the child
2.13witness shall present on noticed motion evidence that the presence of the supportive person
2.14is desired by the child and will be helpful to the child witness. The party may also present
2.15evidence on noticed motion that the close proximity of the supportive person is desired
2.16by the child and will be helpful to the child witness. The court shall grant the request
2.17unless information presented by another party or noticed by the court establishes that the
2.18presence or close proximity of the supportive person to the child during the testimony of
2.19the child witness would pose a substantial risk of influencing or affecting the content of
2.20the testimony. The supportive person who is present during the child's testimony may not:
2.21(1) obscure the child from the view of the defendant or the trier of fact;
2.22(2) provide the child with an answer to any question asked of the child; or
2.23(3) assist or influence the testimony of the child.
2.24 Subd. 6. Additional conditions and limitations. In addition to the conditions and
2.25limitations in this section, the court may set any other condition or limitation on the taking
2.26of the testimony of a child that it finds just and appropriate, considering the interests of the
2.27child, the rights of the defendant, and any other relevant factors.
2.28EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
2.29commenced on or after August 1, 2013.
2.30 Sec. 2. [631.047] PRESENCE OF SUPPORT PERSON FOR ADULT
2.31PROSECUTING WITNESS.
2.32Notwithstanding any other law, an adult witness for the prosecution in any case
2.33involving criminal sexual conduct as defined in sections 609.342, 609.343, 609.344,
2.34and 609.345, may choose to be accompanied by a supportive person, whether or not
2.35a witness, at the omnibus or other pretrial hearing. If the person so chosen is also a
3.1prosecuting witness, the prosecution shall present on noticed motion evidence that the
3.2person's attendance is both desired by the prosecuting witness for support and will be
3.3helpful to the prosecuting witness. Upon that showing, the court shall grant the request
3.4unless information presented by the defendant or noticed by the court establishes that the
3.5support person's attendance during the testimony of the prosecuting witness would pose a
3.6substantial risk of influencing or affecting the content of that testimony.
3.7EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
3.8commenced on or after August 1, 2013.
3.9 Sec. 3. REPEALER.
3.10Minnesota Statutes 2012, section 631.046, is repealed.
1.3for support person for child and certain adult witnesses;proposing coding for
1.4new law in Minnesota Statutes, chapters 595; 631; repealing Minnesota Statutes
1.52012, section 631.046.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [595.065] CHILD WITNESS TESTIMONY.
1.8 Subdivision 1. Definitions. For the purposes of this section, "child" means a person
1.9under the age of 18.
1.10 Subd. 2. Oath and reading of rights. When a child is to testify in a proceeding,
1.11the court shall:
1.12(1) administer an oath to the child in a manner that allows the child to understand the
1.13duty to tell the truth according to the child's developmental level; and
1.14(2) explain to the child prior to the initiation of testimony that the child has the right to:
1.15(i) notify the court during questioning if the child does not understand a question; and
1.16(ii) have a question restated in a form that the child does understand.
1.17 Subd. 3. Appropriate questioning and duration of testimony. To ensure
1.18that the testimony of the child is taken in a manner appropriate to the child's age and
1.19developmental level, the court may:
1.20(1) rephrase, or request the attorney to rephrase, a question asked of the child to
1.21ensure the child understands the question and is able to answer that question completely; or
1.22(2) set the time for testimony when the child is best able to understand the questions
1.23and maintain sufficient attention and energy for testifying, including:
1.24(i) limiting the duration of questioning by allowing for recesses during the child's
1.25testimony;
2.1(ii) limiting the timing of the child's testimony to the child's normal school hours;
2.2(iii) ordering a recess when necessary for the energy, comfort, or attention span
2.3of the child; or
2.4(iv) adjusting the layout of the courtroom.
2.5 Subd. 4. Comfort item. The court shall permit the child to have a comfort item
2.6in the child's possession while testifying, upon the request of the party calling the child
2.7witness, unless the court finds that granting the motion is likely to unfairly prejudice the
2.8trier of fact in evaluating the child's testimony.
2.9 Subd. 5. Supportive person. Notwithstanding any other law, a child witness may
2.10request to have in attendance or be accompanied by a parent, guardian, or other supportive
2.11person, whether or not the person is a witness in the case, during the testimony of the child.
2.12If the person so chosen is also a prosecuting witness, the party wishing to call the child
2.13witness shall present on noticed motion evidence that the presence of the supportive person
2.14is desired by the child and will be helpful to the child witness. The party may also present
2.15evidence on noticed motion that the close proximity of the supportive person is desired
2.16by the child and will be helpful to the child witness. The court shall grant the request
2.17unless information presented by another party or noticed by the court establishes that the
2.18presence or close proximity of the supportive person to the child during the testimony of
2.19the child witness would pose a substantial risk of influencing or affecting the content of
2.20the testimony. The supportive person who is present during the child's testimony may not:
2.21(1) obscure the child from the view of the defendant or the trier of fact;
2.22(2) provide the child with an answer to any question asked of the child; or
2.23(3) assist or influence the testimony of the child.
2.24 Subd. 6. Additional conditions and limitations. In addition to the conditions and
2.25limitations in this section, the court may set any other condition or limitation on the taking
2.26of the testimony of a child that it finds just and appropriate, considering the interests of the
2.27child, the rights of the defendant, and any other relevant factors.
2.28EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
2.29commenced on or after August 1, 2013.
2.30 Sec. 2. [631.047] PRESENCE OF SUPPORT PERSON FOR ADULT
2.31PROSECUTING WITNESS.
2.32Notwithstanding any other law, an adult witness for the prosecution in any case
2.33involving criminal sexual conduct as defined in sections 609.342, 609.343, 609.344,
2.34and 609.345, may choose to be accompanied by a supportive person, whether or not
2.35a witness, at the omnibus or other pretrial hearing. If the person so chosen is also a
3.1prosecuting witness, the prosecution shall present on noticed motion evidence that the
3.2person's attendance is both desired by the prosecuting witness for support and will be
3.3helpful to the prosecuting witness. Upon that showing, the court shall grant the request
3.4unless information presented by the defendant or noticed by the court establishes that the
3.5support person's attendance during the testimony of the prosecuting witness would pose a
3.6substantial risk of influencing or affecting the content of that testimony.
3.7EFFECTIVE DATE.This section applies to all trials or testimonial proceedings
3.8commenced on or after August 1, 2013.
3.9 Sec. 3. REPEALER.
3.10Minnesota Statutes 2012, section 631.046, is repealed.
