Commending Tammy Mann, Ph.D.

Child victims and witnesses using two-way closed-circuit television; standard. Allows the court to order that the testimony of a child be taken by two-way closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma as a result of testifying in the defendant's presence and not in the courtroom generally, such that it prevents the child from reasonably communicating to the jury or renders the child unable to testify, or will cause the child to suffer long-lasting adverse effects. Under current law, the court may order such testimony be taken by two-way closed-circuit television if it finds that (i) the child has a substantial inability to communicate about the offense or (ii) there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying. The bill also extends the application window for the party seeking such order from seven to 30 days before the trial date or such other preliminary proceeding to which such order is to apply.