GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1076

Short Title:  Child Victim Testimony/Pilot Program.	(Public)
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Sponsors: Representatives Gardner; Gottovi and Holt.
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Referred to:  Judiciary II.
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April 23, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A PILOT PROGRAM TO AUTHORIZE ELECTRONIC TRANSMISSION OR RECORDING OF THE TESTIMONY OF CHILDREN IN CASES OF PHYSICAL OR SEXUAL ABUSE OF CHILDREN.
The General Assembly of North Carolina enacts:
Section 1.  In order to determine whether a system of allowing electronic transmission or recording of the testimony of children in cases of physical or sexual abuse of child victims would be practical and beneficial to the judicial system, the Supreme Court of North Carolina shall, under rules it finds appropriate, implement Section 2 of this act as an experimental, pilot program in at least three and no more than 10 judicial districts selected by the Court.  The Court shall evaluate the pilot program for a reasonable period of time and shall report the results of the evaluation to the General Assembly by February 1, 1993.  
The Court may seek funds as are needed to establish and conduct the pilot program from any willing private sources the Court may deem appropriate, but no State funds shall be used to implement the pilot program. The Court may solicit the suggestions and cooperation of attorneys, judges, and laypersons interested in the administration of justice in establishing, conducting, and funding the pilot program.
Sec. 2.  Article 73 of Chapter 15A of the General Statutes is amended to add a new section to read:
"§ 15A-1244.  Electronic transmission or recording of testimony of children in cases of physical or sexual abuse of children.
(a)	Coverage of Section.  This section applies to prosecutions in which the victim is a child under the age of 13 years and the defendant is charged with child abuse under G.S. 14-318.2 or G.S. 14-318.4, an offense under Article 7A of Chapter 14, crime against nature under G.S. 14-177, or incest under G.S. 14-178 or G.S. 14-179.  This section also applies to any offense being jointly tried with one of these offenses.
(b)	Electronic Transmission of Testimony.  In a criminal prosecution covered by this section, the judge may, on the motion of either the State or the defendant, order that the testimony of the child or of any witness under the age of 13 years be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding.  Only the attorneys for the State and the defendant, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be in the child's presence during the testimony.  The judge must be able to communicate from the courtroom to those in the room with the child.  Only the attorneys and the judge may question the child.  The persons operating the equipment must be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the testimony, but does not permit the child to see or hear them.  The judge must permit the defendant to observe and hear the testimony of the child in person and to communicate with his attorney at appropriate intervals concerning the testimony, but must ensure that the child cannot see or hear the defendant.
(c)	Videotape Recording of Testimony.  In a criminal prosecution covered by this section, the judge may, on the motion of either the State or the defendant, order that the testimony of the child or of any witness under the age of 13 years be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding.  Only the judge and those persons permitted to be present at the taking of testimony under subsection (b) of this section may be in the child's presence during the taking of the child's testimony, and the persons operating the equipment must be confined from the child's sight and hearing as provided in subsection (b).  The judge must ensure that:
(1)	The recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(2)	The recording equipment is capable of making an accurate recording, the operator is competent, and the recording is accurate;
(3)	Each voice on the recording is identifiable; and
(4)	Each party is afforded an opportunity to view the recording before it is shown in the courtroom.
(d)	Testimony of the Child Not Required in Courtroom.  If the judge orders the testimony of a child to be taken under subsection (b) or (c) of this section, the child may not be required to testify in court at the proceeding for which the testimony was taken."
Sec. 3.  This act is effective upon ratification.  Section 2 of this act applies only in those judicial districts in which a pilot program has been established pursuant to Section 1 of this act and is effective only during the period of time that the pilot program is in effect.