A BILL TO BE ENTITLED
AN ACT to codify north carolina law on child witness testimony in criminal cases.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 73 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1225A. Minor witnesses; remote testimony.
(a)	Definitions.
(1)	Criminal proceeding. – Any hearing or trial in a prosecution of a person charged with violating a criminal law of this State, and any hearing or proceeding conducted under Subchapter II of Chapter 7B of the General Statutes where a juvenile is alleged to have committed an offense that would be a criminal offense if committed by an adult.
(2)	Remote testimony. – A method by which a minor witness testifies in a criminal proceeding outside of the physical presence of the defendant.
(b)	Remote testimony authorized. – In a criminal proceeding, a minor who has been found competent to testify may testify, under oath or affirmation, other than in an open forum when the court determines: 
(1)	That the minor would suffer more than de minimus emotional distress, not by the open forum in general, but by testifying in the defendant's presence, and 
(2)	That the minor's ability to communicate with the trier of fact would be impaired.
(c)	Hearing procedure. – Upon good cause shown, the court shall hold an evidentiary hearing to determine whether to allow remote testimony.  The hearing shall be conducted on the record if held in the Superior Court division. The presence of the minor is not required at the hearing unless ordered by the presiding judge. 
(d)	Order. – An order allowing or disallowing the use of remote testimony shall state the findings of fact and conclusions of law that support the court's determination. An order allowing the use of remote testimony shall do the following:
(1)	State the method by which the minor is to testify.
(2)	List any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the minor during the testimony.
(3)	State any special conditions necessary to facilitate the cross‑examination of the minor.
(4)	State any condition or limitation upon the participation of individuals present during the testimony.
(5)	State any other condition necessary for taking or presenting the testimony.
(e)	Testimony. – The method used for remote testimony shall allow the judge, jury, and defendant or juvenile to observe the demeanor of the minor as the minor testifies in a similar manner as if the minor was in the open forum. The court shall ensure that the defense counsel is physically present where the minor testifies, has a full and fair opportunity for cross‑examination of the minor witness, and has the ability to communicate privately with the defendant or juvenile during the remote testimony. Nothing in this section shall be construed to limit the provisions of G.S. 15A‑1225. 
(f)	Nonexclusive procedure and standard. – Nothing in this section shall:
(1)	Prohibit the use or application of any other method or procedure authorized or required by statute, common law, or rule for the introduction into evidence of the statements or testimony of a minor in a criminal or noncriminal proceeding.
(2)	Be construed to require a court, in noncriminal proceedings, to apply the standard set forth in G.S. 15A‑1225A(b), or to deviate from a standard or standards authorized by statute, common law, or rule, for allowing the use of remote testimony in noncriminal proceedings." 
SECTION 2.  This act becomes effective December 1, 2009, and applies to any criminal proceeding, as defined in this act, commenced on or after that date.  Nothing in this act shall be construed to (i) abrogate any judicial rulings or decisions prior to the effective date of this act that allowed or disallowed witness testimony in any criminal proceeding or (ii) abrogate any judicial rulings that prohibit a psychological evaluation of an unwilling witness.