Bill
SF 100
Allows child victims under 18 in certain prosecutions to testify remotely, outside the defendant/jury, to protect welfare, with real-time video and accommodations.
Status and timeline
- Introduced: January 22, 2025.
- Passed Senate (27–4) and House (60–0–2).
- Governor signed: March 6, 2025.
- Assigned Chapter No. 124.
- Effective date: July 1, 2025.
Purpose
- To specify procedures and accommodations for child victims to testify in certain criminal proceedings outside the physical presence of the defendant and/or jury, and to make conforming changes to videotaped-deposition provisions.
Scope / who is affected
- Applies where a child under 18 years of age is the victim in prosecutions for: incest (W.S. 6-4-402(a)); sexual assault (W.S. 6-2-302 through 6-2-317); human trafficking (W.S. 6-2-701 through 6-2-703); and certain violent felonies (W.S. 6-1-104(a)(xii)).
- Affects child victims, defendants, defense counsel, prosecutors, trial judges, juries, court staff and court technology operations, and victim-support persons/services.
Key provisions
1. New statute created (W.S. 7-11-409) — remote testimony and exclusion of defendant/jury
- The court may allow a child victim (< 18) to testify remotely (outside presence of defendant and/or jury) if, after a hearing, it finds:
- In-court testimony would cause more than de minimis emotional distress, and
- Remote testimony is necessary to protect the child’s welfare.
- The court may exclude the defendant from the room if the defendant’s physical presence is substantially likely to cause substantial emotional distress that would impair the child’s ability to communicate.
- If the defendant is excluded:
- Child must testify via two‑way closed‑circuit television or other secure real‑time audio‑video technology; the testimony is televised live to the courtroom.
- The room where the child testifies must have a monitor showing the courtroom and the defendant (the defendant may waive the right to have their image televised).
- The court must provide instantaneous, real‑time communication between defendant and counsel, grant reasonable recesses for consultation, and may enable attorney communications by audio systems outside the courtroom.
- On motion of the prosecutor and after an in‑camera finding, the court may exclude the jury if the jury’s presence is substantially likely to cause distress that impairs the child’s communication; testimony is televised to the courtroom.
Accommodations (W.S. 7-11-409(b))
Conforming amendment to videotaped depositions (W.S. 7-11-408(h) & (j))
Procedural safeguards and defendant rights
- Statute preserves defendant’s rights to consult with counsel in real time and to request recesses; the defendant retains the option to waive certain protections (e.g., being televised).
- Remote/testimony procedures require a judicial finding (after hearing) focused on the child’s welfare and communication ability.
Fiscal impact
- Fiscal Note: Judicial system impact is indeterminable — depends on unknown number of qualifying cases and associated costs (technology, staffing, courtroom modifications, etc.).
Sponsors / legislative path
- Sponsoring legislators include Senators Schuler, Brennan, Crago, Gierau and Representatives Angelos, Heiner, Larsen (and additional cosponsors noted in the file). Recommended with amendment by the Senate Judiciary Committee; amendment raised the age threshold from 16 to 18 and clarified that accommodations are “reasonable” and “including but not limited to” listed items.
Compiled from official sources — confirm details with the bill’s official record.
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