GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 772

Short Title:  T.V. Testimony.	(Public)
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Sponsors: Senators Plexico; Basnight, Lee, and Walker.
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Referred to:  Judiciary II.
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A CHILD VICTIM MAY TESTIFY IN COURT IN CERTAIN CASES BY MEANS OF CLOSED CIRCUIT TELEVISION.
The General Assembly of North Carolina enacts:
Section 1.  Article 7 of Chapter 8 of the General Statutes is amended by adding the following new sections to read:
"§ 8-58.2.  Testimony of child victim in certain delinquency and  criminal cases by means of closed circuit television.
(a)	In a delinquency proceeding under Subchapter XI of Chapter 7A or a criminal proceeding  for any of the offenses listed in subsection (e), a court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by means of closed circuit television if:  (i) the testimony is taken during the proceeding; and (ii) the judge determines that testimony by the child victim in the courtroom in the presence of the defendant will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.  Only the prosecuting attorney, attorney for the defendant, and judge may question the child.
(b)	Only the following persons may be in the room with the child when the child testifies by closed circuit television:
(1)	The prosecuting attorney.
(2)	The attorney for the defendant.
(3)	The operators of the closed circuit television  equipment.
(4)	Any person whose presence, in the discretion of the court, contributes to the reliability of the child's testimony, including the child's parent or guardian, guardian ad litem, and a person who has dealt with the child in a therapeutic setting concerning the abuse.
(c)	During the child's testimony by closed circuit television, the judge and the defendant shall be in the courtroom.  The judge and the defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(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)	This section does not apply if the defendant is representing himself without the benefit of counsel.  This section applies to a trial for the violation of any of the following laws:
(1)	G.S. 14-318.4 (Felony child abuse).
(2)	G.S. 14-27.2 (First-degree rape).
(3)	G.S. 14-27.3 (Second-degree rape).
(4)	G.S. 14-27.4 (First-degree sexual offense).
(5)	G.S. 14-27.5 (Second-degree sexual offense).
(6)	G.S. 14-27.7 (Sexual act by a custodian).
(7)	G.S. 14-177 (Crime against nature).
(8)	G.S. 14-178 (Incest between certain near relatives).
(9)	G.S. 14-179 (Incest between uncle and niece and nephew and aunt).
(10)	G.S. 14-190.5 (Preparation of obscene photographs, slides, and motion pictures).
(11)	G.S. 14-190.6 (Employing or permitting minor  to assist in a violation of the obscenity laws).
(12)	G.S. 14-190.7 (Dissemination of obscene material to minors under age 16).
(13)	G.S. 14-190.8 (Dissemination of obscene material to minors under age 13).
(14)	G.S. 14-190.14 (Displaying or disseminating material harmful to minor).
(15)	G.S. 14-190.15 (Disseminating harmful material to
	minors; exhibiting harmful performances to minors).
(16)	G.S. 14-190.16 (First-degree sexual exploitation).
(17)	G.S. 14-190.17 (Second-degree sexual exploitation).
(18)	G.S. 14-190.18 (Promoting the prostitution of a minor).
(19)	G.S. 14-202.1 (Taking indecent liberties with a minor).
(f)	For purposes of this section a child is an individual who is less than 18 years old.
"§ 8-58.3.  Testimony of child victim in certain juvenile cases by means of closed circuit television.
(a)	In a proceeding under Subchapter XI of Chapter 7A of the General Statutes in which a juvenile is alleged to be abused or neglected, a court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by means of closed circuit television if:  (i) the testimony is taken during the proceeding; and (ii) the judge determines that testimony by the child victim in the courtroom in the presence of the defendant will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.  Only the petitioner's attorney, respondent's attorney, child's guardian ad litem, or attorney appointed under G.S. 7A-586 or G.S. 7A-289.29, and the judge may question the child.
(b)	Only the following persons may be in the room with the child when the child testifies by closed circuit television:
(1)	The petitioner's attorney.
(2)	The respondent's attorney.
(3)	The child's attorney appointed under G.S. 7A-586 or G.S. 7A-289.29 if the child's guardian ad litem is not an attorney.
(4)	The operators of the closed circuit television  equipment.
(5)	Any person whose presence, in the discretion of the court, contributes to the reliability of the child's testimony, including the child's parent or guardian, guardian ad litem, and a person who has dealt with the child in a therapeutic setting concerning the abuse.
(c)	During the child's testimony by closed circuit television, the judge and the defendant shall be in the courtroom.  The judge and the defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(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)	This section does not apply if the defendant is not represented  by counsel.
(f)	For purposes of this section, a child is an individual who is less than 18 years old."
Sec. 2.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.