Text: HF02381 Text: HF02383 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 910A.14, subsections 1, 2, and 3, Code 1 2 1995, are amended to read as follows: 1 3 1. a.Upon its own motion or upon motion of any party, a1 4court may protect a minor, as defined in section 599.1, from1 5 If trauma caused by testifying in the physical presence of the 1 6 defendantwhere itwould impairthe minor'sa witness's 1 7 ability to communicate, upon its own motion or upon the motion 1 8 of any party, the court, by ordering that the testimony of the 1 9minorwitness be taken in a room other than the courtroom and 1 10 be televised by closed circuit equipment for viewing in the 1 11 courtroom, may protect the following witnesses: 1 12 (1) A minor, as defined in section 599.1. 1 13 (2) A witness with a mental illness, mental retardation, 1 14 or other developmental disability. 1 15 (3) A victim of sexual abuse who is testifying against the 1 16 alleged abuser. 1 17 b.However, such anAn order for testimony via closed 1 18 circuit television shall be entered only upon a specific 1 19 finding by the court that such measures are necessary to 1 20 protect theminorwitness from the trauma caused by the 1 21 presence of the defendant. In addition, the court shall 1 22 determine whether one-way or two-way television would 1 23 accomplish the necessary level of protection for the witness, 1 24 and shall direct that the least restrictive means of testimony 1 25 be used. 1 26 c. Only the judge, prosecuting attorney, defendant's 1 27 attorney, persons necessary to operate the equipment, and any 1 28 person whose presence, in the opinion of the court, would 1 29 contribute to the welfare and well-being of theminorwitness 1 30 may be present in the roomwith the minorduring theminor's1 31 testimony. The judge shall inform theminorwitness that the 1 32 defendant will not be present in the room in which theminor1 33 witness will be testifying, but that the defendant will be 1 34 viewing theminor'stestimony through closed circuit 1 35 television. 2 1 d. During theminor'stestimony, the defendant shall 2 2 remain in the courtroom and shall be allowed to communicate 2 3 with the defendant's counsel, in the room where theminor2 4 witness is testifying, by an appropriate electronic method. 2 5In addition, upon a finding of necessity, the court may2 6allow the testimony of a victim or witness with a mental2 7illness, mental retardation, or other developmental disability2 8to be taken as provided in this subsection, regardless of the2 9age of the victim or witness.2 10 2. a.The court may, uponUpon its own motion or upon 2 11 motion of a party, the court may order thatthetestimonyof a2 12minor, as defined in section 599.1,be taken by recorded 2 13 deposition for use at trial, pursuant to rule of criminal 2 14 procedure 12(2)(b), in depositions involving the following 2 15 witnesses: 2 16 (1) A minor, as defined in section 599.1. 2 17 (2) A witness with a mental illness, mental retardation, 2 18 or other developmental disability. 2 19 (3) A victim of sexual abuse who is testifying against the 2 20 alleged abuser. 2 21 b. In addition to requiring that such testimony be 2 22 recorded by stenographic means, the court may on motion and 2 23 hearing, and upon a finding that theminorwitness is 2 24 unavailable as provided in Iowa rules of evidence 804(a), 2 25 order the videotaping of theminor'stestimony for viewing in 2 26 the courtroom by the court. The videotaping shall comply with 2 27 the provisions of rule of criminal procedure 12(2)(b), and 2 28 shall be admissible as evidence in the trial of the cause.In2 29addition, upon a finding of necessity, the court may allow the2 30testimony of a victim or witness with a mental illness, mental2 31retardation, or other developmental disability to be taken as2 32provided in this subsection, regardless of the age of the2 33victim or witness.2 34 3. The court may upon motion of a party admit into evi- 2 35 dence the recorded statements of achild, as defined in sec-3 1tion 702.5victim, describing sexual contact performed with or 3 2 on thechildvictim, not otherwise admissible in evidence by 3 3 statute or court rule, if the court determines that the 3 4 recorded statements substantially comport with the 3 5 requirements for admission under Iowa rules of evidence 3 6 803(24) or 804(b)(5). 3 7 EXPLANATION 3 8 This bill amends the chapter on victim and witness 3 9 protection to permit adult victims of sexual abuse to utilize 3 10 special procedures, currently available only to children and 3 11 certain categories of adult victims, for testifying against 3 12 their abusers. The changes would permit victims of sexual 3 13 abuse to testify against their abusers via closed circuit 3 14 television if face-to-face contact with the defendant would 3 15 cause trauma that would interfere with the ability of the 3 16 victim to testify, to have their depositions recorded and 3 17 shown in court, or to have otherwise inadmissible recorded 3 18 statements admitted as evidence, if the court is satisfied 3 19 that the statements are essentially trustworthy. 3 20 LSB 4021HH 76 3 21 jls/cf/24
Text: HF02381 Text: HF02383 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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