Print Friendly 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
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
|||| 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
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
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
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
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.
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