SF 66 (LSB 1244XS (4) 91)

SENATE FILE 66

BY  PETERSEN, WEINER, WINCKLER, BENNETT, TRONE GARRIOTT, CELSI, BLAKE, KNOX, BISIGNANO, TOWNSEND, STAED, QUIRMBACH, DOTZLER, DONAHUE, and WAHLS

A BILL FOR

An Act relating to testimony by certain witnesses by 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 televised by two-way closed-circuit equipment for 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, and that the minor will be able to view the defendant while giving testimony.
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 certain witnesses by two-way closed-circuit equipment.
   The bill provides that upon its own motion or upon motion of any party, a court may protect a minor up to 18 years of age 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 televised by two-way closed-circuit equipment for viewing in the courtroom. Current law does not specify that the closed-circuit equipment be two-way. Upon a finding of necessity, the court may also allow the testimony of a victim or witness with a mental illness, an intellectual disability, or other developmental disability to be taken by two-way closed-circuit equipment regardless of the age of the victim or witness.