SPONSOR: |
Sen. Peterson & Rep. Bennett |
|
Sens. Blevins, Cloutier, Hall-Long, Henry, Poore; Reps. Baumbach, Bolden, Briggs King, Heffernan, Hudson, Keeley, Kowalko, Longhurst, Osienski, Paradee, K. Williams |
SENATE BILL NO. 51 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 |
Section 1. Amend §3514, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§3514. Testimony of victim or witness in child abuse case,
and victim of domestic violence, sexual assault or stalking cases by means
of closed circuit television secured video connection.
(a)(1) In any prosecution involving
any offense set forth in §3513(a) of this title, domestic violence as
defined in §1041 of Title 10, and §§768 thru 778 and §1312 of Title 11a court may order that the testimony of a child
victim or witness less than 11 years of age witness less than 11 years
of age or any victim of the offenses described herein be taken outside the
courtroom and shown in the courtroom by means of closed circuit television
secured video connection if:
a. The testimony is taken during the proceeding; and
b. The judge determines that testimony by the child victim or witness
witness less than 11 years of age or any victim of the offenses described
herein in the courtroom will result in the child victim or witness witness
less than 11 years of age or any victim of the offenses described herein
suffering serious emotional distress such that the child victim or witness
witness less than 11 years of age or any victim of the offenses described
herein cannot reasonably communicate.
(2) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child victim or witness.
(3) The operators of the closed
circuit television secured video connection shall make every effort
to be unobtrusive.
(b)(1) Only the following persons may be in
the room with the child victim or witness when the child witness
less than 11 years of age or any victim of the offenses described herein
testifies by closed circuit television:
a. The prosecuting attorney;
b. The attorney for the defendant;
c. The operators of the closed circuit television equipment; and
d. Any person whose presence, in the opinion of the court, contributes to
the well-being of the child victim or witness witness less than 11
years of age or any victim of the offenses described herein, including a
person who has dealt with the child victim or witness witness less
than 11 years of age or any victim of the offenses described herein in a
therapeutic setting concerning the abuse.
(2) During the child's victim's or
witness's witness or victim's testimony by closed circuit
television secured video connection, the judge and the defendant
shall be in the courtroom.
(3) The judge and the defendant shall
be allowed to communicate with the persons in the room where the child
victim or witness witness less than 11 years of age or any victim of the
offenses described herein is testifying by any appropriate electronic
method.
(c) The provisions of this section do not apply if the defendant is an attorney pro se.
(d) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time.
(e) The proponent of the witness's or victim's testimony must inform the adverse party of the proponent's intention to offer the testimony and the content of the testimony sufficiently in advance of the proceeding to provide the adverse party with fair opportunity to prepare a response to the testimony before the proceeding at which it is offered.