A bill for an act relating to testimony by a minor witness using two-way, closed-circuit equipment.

2025-2026 Regular Session

HF 602 protects minor witnesses by allowing their testimony via closed-circuit technology, reducing trauma from testifying in front of defendants in court.

Committee report approving bill, renumbered as HF 602.

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Purpose and Intent

House Study Bill 38 (HSB 38), now renumbered as HF 602, aims to enhance the legal protections for minor witnesses in court proceedings. The primary intent of the bill is to minimize trauma that minors may experience when testifying in the presence of a defendant, thereby ensuring that their ability to communicate effectively is not compromised.

Key Provisions

The bill proposes the following significant changes to existing law:

Testimony Location: Courts may order that a minor's testimony be taken in a separate room rather than in the courtroom. This provision is designed to protect the minor from potential trauma associated with testifying in the physical presence of the defendant.

Use of Technology: The testimony will be transmitted to the courtroom using two-way, closed-circuit equipment, which includes both audio and video feeds. This allows courtroom participants, including the judge, attorneys, and the defendant, to listen to and view the minor's testimony in real-time without the minor being present in the same room.

Court's Discretion: The court can only implement these measures upon a specific finding that such actions are necessary to protect the minor's welfare.

Presence of Individuals: Only authorized individuals, such as the judge, attorneys, and personnel necessary for operating the equipment, along with any person deemed beneficial to the minor's well-being, may be present with the minor during their testimony.

Notification to Minor: The judge is required to inform the minor that the defendant will not be physically present during their testimony but will be able to view it through the closed-circuit television setup.

Affected Parties

This bill primarily affects:
- Minor Witnesses: Children or minors who are required to testify in court, particularly in cases involving sensitive or traumatic circumstances.
- Judicial System: Courts and legal professionals who handle cases involving minors will need to adapt to the new procedures outlined in the bill.
- Defendants: Individuals accused of crimes who may be involved in cases where minors are witnesses will experience changes in how testimony is conducted.

Legislative Timeline

Introduced: January 17, 2025

Subcommittee Meetings: Initial discussions and recommendations took place on February 13, 2025, with a follow-up meeting on February 18, 2025.

Committee Actions: The bill received a favorable report from the committee on February 24, 2025, with a unanimous vote (21 Yeas, 0 Nays).

Renumbering: Following committee approval, the bill was renumbered as HF 602 on February 25, 2025.

Conclusion

HSB 38 (HF 602) represents a significant step towards safeguarding the emotional and psychological well-being of minor witnesses in the judicial process. By allowing testimony to be conducted via closed-circuit technology, the bill seeks to create a more supportive environment for minors while maintaining the integrity of the legal proceedings.

Bill