2003 Legislation
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SENATE BILL NO. 1016 – Child witness testimony

SENATE BILL NO. 1016

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact



                       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