(a) Child’s live testimony by two-way closed-circuit television:(1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, or a guardian ad litem, appointed under section 3519, may move the court for an order that the child’s testimony be taken in a room outside the courtroom and be televised by two-way closed circuit television. The party seeking such an order shall file an appropriate motion not less than seven days before the trial date. If a party moves the court for an order outside the seven days, the court may still issue an order if it finds that the need for the order was not reasonably foreseeable and good cause exists for the order to be entered.(2) The court may order that the testimony of the child be taken by closed-circuit television as provided in paragraph (1) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons:(A) the child is unable to testify because of fear;(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying;(C) the child suffers a mental or other infirmity; or(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.(3) The court shall support a ruling on the child’s inability to testify with detailed findings on the record that justify the use of the alternative method for a child’s testimony and that the alternative method is necessary to protect the child and is narrowly tailored to meet that purpose. In determining whether the impact on an individual child of one or more of the factors described in paragraph (2) is so substantial as to justify an order under paragraph (1), the court may question the minor in chambers, or at some other comfortable place other than the courtroom, for a reasonable period of time with the child attendant, the prosecutor, the child’s attorney, the guardian ad litem, and the defense counsel present.(4) If the court orders that testimony be taken by closed-circuit television, the attorney for the Government and the defendant’s attorney, not including a party acting as an attorney, pro se, shall be present in the room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child’s testimony are:(A) the child’s attorney or guardian ad litem appointed under section 3519;(B) persons necessary to operate the closed-circuit television equipment;(C) a judicial officer, appointed by the court; and(D) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.(5) The child’s testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant’s attorney during the testimony. The closed-circuit television transmission shall transmit the defendant’s image and the voice of the judge into the room in which the child is testifying.
(1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, or a guardian ad litem, appointed under section 3519, may move the court for an order that the child’s testimony be taken in a room outside the courtroom and be televised by two-way closed circuit television. The party seeking such an order shall file an appropriate motion not less than seven days before the trial date. If a party moves the court for an order outside the seven days, the court may still issue an order if it finds that the need for the order was not reasonably foreseeable and good cause exists for the order to be entered.
(2) The court may order that the testimony of the child be taken by closed-circuit television as provided in paragraph (1) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons:(A) the child is unable to testify because of fear;(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying;(C) the child suffers a mental or other infirmity; or(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(A) the child is unable to testify because of fear;
(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying;
(C) the child suffers a mental or other infirmity; or
(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(3) The court shall support a ruling on the child’s inability to testify with detailed findings on the record that justify the use of the alternative method for a child’s testimony and that the alternative method is necessary to protect the child and is narrowly tailored to meet that purpose. In determining whether the impact on an individual child of one or more of the factors described in paragraph (2) is so substantial as to justify an order under paragraph (1), the court may question the minor in chambers, or at some other comfortable place other than the courtroom, for a reasonable period of time with the child attendant, the prosecutor, the child’s attorney, the guardian ad litem, and the defense counsel present.
(4) If the court orders that testimony be taken by closed-circuit television, the attorney for the Government and the defendant’s attorney, not including a party acting as an attorney, pro se, shall be present in the room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child’s testimony are:(A) the child’s attorney or guardian ad litem appointed under section 3519;(B) persons necessary to operate the closed-circuit television equipment;(C) a judicial officer, appointed by the court; and(D) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.
(A) the child’s attorney or guardian ad litem appointed under section 3519;
(B) persons necessary to operate the closed-circuit television equipment;
(C) a judicial officer, appointed by the court; and
(D) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.
(5) The child’s testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant’s attorney during the testimony. The closed-circuit television transmission shall transmit the defendant’s image and the voice of the judge into the room in which the child is testifying.
(b) Videotaped deposition of child(1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, the child’s parent or legal guardian, or the guardian ad litem appointed under section 3519 may make a motion to the court for an order that the child’s deposition testimony be taken outside of the defendant’s presence and be recorded and preserved on videotape.(2) Upon timely receipt of a motion described in paragraph (1), the court shall make a preliminary finding regarding whether at the time of trial the child will be likely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons:(A) the child will be unable to testify because of fear;(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court;(C) the child suffers a mental or other infirmity; or(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.(3) If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in paragraph (2), the court shall order that the child’s deposition be taken and preserved by videotape.(4) The trial judge shall preside at the videotaped deposition of the child and shall rule on all objections and motions as if at trial. The only other persons who may be permitted to be present at the proceeding are:(A) the attorney for the Government; and(B) the defendant’s attorney;(5) A defendant’s rights under the Sixth Amendment, including the right to cross-examine witnesses, must be preserved in all cases where alternative testimony is used. The alternative method must provide the defendant an opportunity to observe and participate in the examination of the witness to the fullest extent possible.(6) The defendant must be afforded the rights applicable to defendants during trial, including the right to an attorney, the right to confront the witness against the defendant, and the right to cross-examine the child.(7) If the preliminary finding of inability under paragraph (2)(of) is based on evidence that the child is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted. If the court orders that the defendant be excluded from the deposition room, the court shall order that two-way closed circuit television equipment relay the defendant’s image into the room in which the child is testifying, and the child’s testimony into the room in which the defendant is viewing the proceeding, and that the defendant be provided with a means of private, contemporaneous communication with the defendant’s attorney during the deposition.(8) The complete record of the examination of the child, including the image and voices of all persons who in any way participated in the examination, must be made and preserved on video tape in addition to a stenographical recording. The videotape must be transmitted to the clerk of the court in which the action is pending and must be made available for viewing to the prosecuting attorney, the defendant, and the defendant’s attorney during ordinary business hours.(9) The child’s attorney or guardian ad litem appointed under section 3519;(10) Persons necessary to operate the videotape equipment;(11) Subject to paragraph (2)(D), the defendant; and(12) Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child.
(1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, the child’s parent or legal guardian, or the guardian ad litem appointed under section 3519 may make a motion to the court for an order that the child’s deposition testimony be taken outside of the defendant’s presence and be recorded and preserved on videotape.
(2) Upon timely receipt of a motion described in paragraph (1), the court shall make a preliminary finding regarding whether at the time of trial the child will be likely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons:(A) the child will be unable to testify because of fear;(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court;(C) the child suffers a mental or other infirmity; or(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(A) the child will be unable to testify because of fear;
(B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court;
(C) the child suffers a mental or other infirmity; or
(D) conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(3) If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in paragraph (2), the court shall order that the child’s deposition be taken and preserved by videotape.
(4) The trial judge shall preside at the videotaped deposition of the child and shall rule on all objections and motions as if at trial. The only other persons who may be permitted to be present at the proceeding are:(A) the attorney for the Government; and(B) the defendant’s attorney;
(A) the attorney for the Government; and
(B) the defendant’s attorney;
(5) A defendant’s rights under the Sixth Amendment, including the right to cross-examine witnesses, must be preserved in all cases where alternative testimony is used. The alternative method must provide the defendant an opportunity to observe and participate in the examination of the witness to the fullest extent possible.
(6) The defendant must be afforded the rights applicable to defendants during trial, including the right to an attorney, the right to confront the witness against the defendant, and the right to cross-examine the child.
(7) If the preliminary finding of inability under paragraph (2)(of) is based on evidence that the child is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted. If the court orders that the defendant be excluded from the deposition room, the court shall order that two-way closed circuit television equipment relay the defendant’s image into the room in which the child is testifying, and the child’s testimony into the room in which the defendant is viewing the proceeding, and that the defendant be provided with a means of private, contemporaneous communication with the defendant’s attorney during the deposition.
(8) The complete record of the examination of the child, including the image and voices of all persons who in any way participated in the examination, must be made and preserved on video tape in addition to a stenographical recording. The videotape must be transmitted to the clerk of the court in which the action is pending and must be made available for viewing to the prosecuting attorney, the defendant, and the defendant’s attorney during ordinary business hours.
(9) The child’s attorney or guardian ad litem appointed under section 3519;
(10) Persons necessary to operate the videotape equipment;
(11) Subject to paragraph (2)(D), the defendant; and
(12) Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child.
(c) If at the time of trial, the court finds that the child is unable to testify as for a reason described in paragraph (2), the court may admit into evidence the child’s videotaped deposition in lieu of the child testifying at the trial. The court shall support a ruling under this subsection with findings on the record.
(d) Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during trial, the court, for good cause shown, may order an additional videotaped deposition. The testimony of the child must be restricted to the matters specified by the court as the basis for granting the order.
(e) In connection with the taking of a videotaped deposition under this section, the court may enter a protective order for the purpose of protecting the privacy of the child.
(f) The videotape of a deposition taken pursuant to this section must be destroyed five years after the date on which the trial court entered its judgment, but not before a final judgment is entered on appeal, including Supreme Court review. The videotape must become part of the court record and be kept by the court until it is destroyed.