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AL HB338
Bill
Status
2/27/2020
Primary Sponsor
Matt Simpson
Click for details
AI Summary
HB 338 Summary
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Expands protections currently available to child victims and witnesses under age 16 to also include "protected persons" with developmental disabilities (intellectual disability, autism, cerebral palsy, epilepsy, or other disabling neurological conditions).
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Allows use of anatomically correct dolls or mannequins to assist witnesses under age 12 or protected persons during testimony, increases age threshold from 10 to 12 years.
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Extends out-of-court statement admissibility to protected persons under the same criteria as children under 12, including videoconferencing and closed-circuit television testimony options.
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Permits leading questions during trial for victims and witnesses under age 12 or protected persons when the court determines it furthers justice, and requires courts to consider impacts on child/protected person well-being when ruling on trial delays.
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Repeals Section 15-25-33 regarding expert testimony on child unavailability and redefines covered offenses to include violent offenses in addition to physical and sexual offenses; effective on the first day of the third month following passage.
Legislative Description
Criminal procedure, to allow a protected person to be offered protection in criminal prosecutions for physical offenses, sexual offenses, and violent offenses, protected person defined, use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.
Criminal Law and Procedure
Last Action
Pending third reading on day 13 Favorable from Judiciary with 2 amendments
3/12/2020