Bill Text: MS SB2096 | 2014 | Regular Session | Introduced
Bill Title: Child Witness Bill of Rights; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2096 Detail]
Download: Mississippi-2014-SB2096-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2096
AN ACT TO CREATE NEW SECTION 99-43-101, MISSISSIPPI CODE OF 1972, TO ENACT A CHILD WITNESS BILL OF RIGHTS IN ORDER TO GRANT APPROPRIATE ACCOMMODATIONS TO CHILDREN TESTIFYING IN COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 99-43-101, Mississippi Code of 1972:
99-43-101. Mississippi Child Witness Bill of Rights. Children who are under eighteen (18) years of age at the time of their testimony may have the following accommodations granted to them:
(a) In the court's discretion, the taking of testimony from a child may be limited in duration, set at a time that accommodates the child's school and activity schedule, or both. The court may order temporary breaks in the proceedings when the energy, comfort, or attention span of the child warrants.
(b) Upon motion made by the child, the child's representative, or any party to the proceeding, the court may allow the child to hold a toy, blanket or other comfort item while testifying.
(c) Upon motion made by the child, the child's representative, or any party to the judicial proceeding, the court may designate a support person to be present in the courtroom in view of the child witness. The court may allow the support person to touch the child during the child's testimony if:
(i) All parties agree; or
(ii) If the movant shows the court by a preponderance of evidence that:
1. The child in question cannot reliably testify without the close physical presence of the support person; and
2. Viewing the support person is not likely to prejudice the trier of fact in hearing and evaluating the child's testimony.
(iii) The support person shall not obscure the child from the view of the parties or the trier of fact. The support person shall not provide the child with an answer to any question directed to the child during the course of the child's testimony, prompt the child or otherwise influence the testimony of the child.
(iv) If the support person attempts to influence or affect the testimony of the child in any manner at any time, the court shall exclude that support person.
(d) Upon motion by any party or upon its own motion, the court may order accommodations appropriate under the circumstances to ensure the comfort of a child witness, including, but not limited to, the following measures:
(i) Adjusting the layout of the courtroom or hearing room;
(ii) Conducting the proceedings outside the normal courtroom;
(iii) Closing the courtroom to the public, court observers, nontestifying family of the witness or defendant, or the media;
(iv) Relaxing the formalities of the proceedings;
(v) Permitting properly trained facility animals to be present in the hearing; or
(vi) Permitting the use of a properly constructed screen that would permit the persons in the courtroom or hearing room to see the child but would obscure the child's view of the parties.
(e) In circumstances where a party has chosen to proceed without counsel, the court may appoint stand-by counsel for that party and may order stand-by counsel to question a child witness on behalf of the pro se party, if the court finds that there is a substantial likelihood that emotional harm would come to the child if the pro se party were allowed to question the child directly.
(f) The court shall encourage and permit the use of age and developmentally appropriate language for questions to the child witness, explanations of the court process for the child witness, and administering an oath to a child in a manner that allows the child to fully understand his duty to tell the truth by inclusion of a child-fair oath that is age-appropriate.
(g) If the child is also a victim, the court shall ensure that all steps necessary to secure the physical safety of the child, both in the courtroom and during periods of time that the child may spend waiting in court, have been taken.
(h) The court shall take all steps necessary to ensure that any sensitive information, including address or physical location of the child witness and the immediate family of the child witness, shall remain confidential.
(i) For any case in which the child witness is alleged to have been emotionally, sexually, or physically abused, the child shall be given notice of pre-trial discovery motions, with the notice being given in sufficient time to allow the guardian ad litem or counsel for the child to file any pleadings deemed appropriate to the situation.
(j) The child will be provided, whenever possible, a secure waiting area during court proceedings. The court shall provide a waiting area for a child witness who is a victim separate from the defendant, relatives of the defendant, and defense witnesses during court proceedings.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
