HF 602 (LSB 1964HV (1) 91)

HOUSE FILE 602

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 38)

A BILL FOR

An Act relating to testimony by a minor witness using two-way, closed-circuit equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 915.38, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  Upon its own motion or upon motion of any party, a court may protect a minor, as defined in section 599.1, from trauma caused by testifying in the physical presence of the defendant where it would impair the minor’s ability to communicate, by ordering that the testimony of the minor be taken in a room other than the courtroom and be courtroom. The testimony shall be televised by two-way, closed-circuit equipment with both audio and video feeds for listening and viewing in the courtroom. However, such an order shall be entered only upon a specific finding by the court that such measures are necessary to protect the minor from trauma. Only the judge, prosecuting attorney, defendant’s attorney, persons necessary to operate the equipment, and any person whose presence, in the opinion of the court, would contribute to the welfare and well-being of the minor may be present in the room with the minor during the minor’s testimony. The judge shall inform the minor that the defendant will not be present in the room in which the minor will be testifying but that the defendant will be viewing the minor’s testimony through closed-circuit television.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to testimony by a minor witness using two-way, closed-circuit equipment.
   The bill provides that a court may protect a minor from trauma caused by testifying in the physical presence of a defendant where it would impair the minor’s ability to communicate, by ordering that the testimony of the minor be taken in a room other than the courtroom. The testimony will be televised by two-way, closed-circuit equipment with both audio and video feeds for listening and viewing in the courtroom.
   Current law does not specify that the closed-circuit equipment have two-way capabilities.