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S1016...................................................by JUDICIARY AND RULES CHILD WITNESS TESTIMONY - Repeals and adds to existing law to set forth the provisions of the "Uniform Child Witness Testimony by Alternative Methods Act" to provide for alternative methods for child witness testimony in civil and criminal proceedings. 01/21 Senate intro - 1st rdg - to printing 01/22 Rpt prt - to Jud 02/03 Rpt out - rec d/p - to 2nd rdg 02/04 2nd rdg - to 3rd rdg 02/06 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Brandt, Noble Floor Sponsor - Davis Title apvd - to House 02/07 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Tilman, Trail, Wills, Wood NAYS -- None Absent and excused -- Crow, Jones, Stevenson, Mr. Speaker Floor Sponsor - Edmunson Title apvd - to Senate 03/20 To enrol 03/21 Rpt enrol - Pres signed 03/24 Sp signed 03/25 To Governor 03/27 Governor signed Session Law Chapter 152 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1016 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CHILD WITNESS TESTIMONY; REPEALING SECTION 19-3024A, IDAHO CODE; 3 AMENDING TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 18, TITLE 4 9, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE FOR 5 APPLICABILITY, TO PROVIDE FOR A HEARING TO DETERMINE WHETHER TO ALLOW TES- 6 TIMONY BY AN ALTERNATIVE METHOD, TO SET FORTH STANDARDS FOR DETERMINING 7 WHETHER A CHILD WITNESS' TESTIMONY MAY BE PRESENTED BY AN ALTERNATIVE 8 METHOD, TO SET FORTH FACTORS FOR DETERMINING WHETHER TO PERMIT AN ALTERNA- 9 TIVE METHOD, TO PROVIDE FOR AN ORDER REGARDING TESTIMONY BY AN ALTERNATIVE 10 METHOD AND TO PROVIDE FOR THE RIGHT OF PARTIES TO EXAMINE A CHILD WITNESS; 11 AND PROVIDING SEVERABILITY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 19-3024A, Idaho Code, be, and the same is hereby 14 repealed. 15 SECTION 2. That Title 9, Idaho Code, be, and the same is hereby amended 16 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 17 ter 18, Title 9, Idaho Code, and to read as follows: 18 CHAPTER 18 19 UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT 20 9-1801. SHORT TITLE. This chapter may be cited as the "Uniform Child Wit- 21 ness Testimony by Alternative Methods Act." 22 9-1802. DEFINITIONS. In this chapter: 23 (1) "Alternative method" means a method by which a child witness testi- 24 fies which does not include all of the following: 25 (a) Having the child present in person in an open forum; 26 (b) Having the child testify in the presence and full view of the finder 27 of fact and presiding officer; and 28 (c) Allowing all of the parties to be present, to participate and to view 29 and be viewed by the child. 30 (2) "Child witness" means an individual under the age of thirteen (13) 31 years who has been or will be called to testify in a proceeding. 32 (3) "Criminal proceeding" means a trial or hearing before a court in a 33 prosecution of a person charged with violating a criminal law of this state 34 and a juvenile delinquency proceeding involving conduct that if engaged in by 35 an adult would constitute a violation of the criminal law of this state. 36 (4) "Noncriminal proceeding" means a trial or hearing before a court or 37 an administrative agency of this state having judicial or quasi-judicial 38 powers, other than a criminal proceeding. 39 9-1803. APPLICABILITY. This chapter applies to the testimony of child 2 1 witnesses in all criminal or noncriminal proceedings. However, this chapter 2 does not preclude, in a noncriminal proceeding, any other procedure permitted 3 by law for a child witness to testify, or in a juvenile courtroom proceeding 4 involving conduct that if engaged in by an adult would constitute a violation 5 of a criminal law of this state, testimony by a child witness in a closed 6 forum as may be authorized or required by law. 7 9-1804. HEARING WHETHER TO ALLOW TESTIMONY BY ALTERNATIVE METHOD. (1) The 8 presiding officer of a criminal or noncriminal proceeding may order a hearing 9 to determine whether to allow presentation of the testimony of a child witness 10 by an alternative method. The presiding officer, for good cause shown, shall 11 order the hearing upon motion of a party, a child witness, or an individual 12 determined by the presiding officer to have sufficient standing to act on 13 behalf of the child. 14 (2) A hearing to determine whether to allow presentation of the testimony 15 of a child witness by an alternative method must be conducted on the record 16 after reasonable notice to all parties, any nonparty movant, and any other 17 person the presiding officer specifies. The child's presence is not required 18 at the hearing unless ordered by the presiding officer. In conducting the 19 hearing, the presiding officer is not bound by rules of evidence, except for 20 the rules of privilege. 21 9-1805. STANDARDS FOR DETERMINING WHETHER CHILD WITNESS' TESTIMONY MAY BE 22 PRESENTED BY ALTERNATIVE METHOD. (1) In a criminal proceeding, the presiding 23 officer may order the presentation of the testimony of a child witness by an 24 alternative method only in the following situations: 25 (a) A child witness' testimony may be taken otherwise than in an open 26 forum in the presence and full view of the finder of fact if the presiding 27 officer finds by clear and convincing evidence that the child would suffer 28 serious emotional trauma that would substantially impair the child's abil- 29 ity to communicate with the finder of fact if required to testify in the 30 open forum. 31 (b) A child witness' testimony may be taken other than in a face-to-face 32 confrontation between the child and a defendant if the presiding officer 33 finds by clear and convincing evidence that the child would suffer serious 34 emotional trauma that would substantially impair the child's ability to 35 communicate with the finder of fact if required to be confronted face-to- 36 face by the defendant. 37 (2) In a noncriminal proceeding, the presiding officer may order the pre- 38 sentation of the testimony of a child witness by an alternative method if the 39 presiding officer finds by a preponderance of the evidence that presenting the 40 testimony of the child by an alternative method is necessary to serve the best 41 interests of the child or enable the child to communicate with the finder of 42 fact. In making this finding, the presiding officer shall consider: 43 (a) The nature of the proceeding; 44 (b) The age and maturity of the child; 45 (c) The relationship of the child to the parties in the proceeding; 46 (d) The nature and degree of emotional trauma that the child may suffer 47 in testifying; and 48 (e) Any other relevant factor. 49 9-1806. FACTORS FOR DETERMINING WHETHER TO PERMIT ALTERNATIVE METHOD. If 50 the presiding officer determines that a standard under section 9-1805, Idaho 51 Code, has been met, the presiding officer shall determine whether to allow the 52 presentation of the testimony of a child witness by an alternative method and 3 1 in doing so shall consider: 2 (1) Alternative methods reasonably available; 3 (2) Available means for protecting the interests of or reducing emotional 4 trauma to the child without resort to an alternative method; 5 (3) The nature of the case; 6 (4) The relative rights of the parties; 7 (5) The importance of the proposed testimony of the child; 8 (6) The nature and degree of emotional trauma that the child may suffer 9 if an alternative method is not used; and 10 (7) Any other relevant factor. 11 9-1807. ORDER REGARDING TESTIMONY BY ALTERNATIVE METHOD. (1) An order 12 allowing or disallowing the presentation of the testimony of a child witness 13 by an alternative method must state the findings of fact and conclusions of 14 law that support the presiding officer's determination. 15 (2) An order allowing the presentation of the testimony of a child wit- 16 ness by an alternative method must state: 17 (a) The method by which the testimony is to be presented; 18 (b) A list, individually or by category, of the persons either allowed to 19 be present or required to be excluded during the taking of the testimony 20 of the child; 21 (c) Any special conditions necessary to facilitate a party's right to 22 examine or cross-examine the child; 23 (d) Any condition or limitation upon the participation of persons present 24 during the taking of the testimony of the child; and 25 (e) Any other condition necessary for taking or presenting the testimony. 26 (3) The alternative method ordered by the presiding officer must be no 27 more restrictive of the rights of the parties than is necessary under the cir- 28 cumstances to serve the purposes of the order. 29 9-1808. RIGHT OF PARTIES TO EXAMINE CHILD WITNESS. An alternative method 30 ordered by the presiding officer must permit a full and fair opportunity for 31 examination and cross-examination of the child witness. 32 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 33 to be severable and if any provision of this act or the application of such 34 provision to any person or circumstance is declared invalid for any reason, 35 such declaration shall not affect the validity of the remaining portions of 36 this act.
STATEMENT OF PURPOSE RS 12412 The purpose of this legislation is to provide the adoption of the uniform child witness testimony by the alternative methods act, promulgated by the National Conference of Commissioners on Uniform State Laws. The legislation provides alternative methods in both a criminal and non-criminal proceeding to take the testimony of a child witness by alternative methods. FISCAL IMPACT None Contact Name: Senator Bart M. Davis, Attorney's William J. Batt, Rex Blackburn and Dale Higer Phone: 332-1305, 331-1000, 489-8989, 389-9000 respectively STATEMENT OF PURPOSE/FISCAL NOTE S1016