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AL HB233
Bill
Status
2/2/2021
Primary Sponsor
Matt Simpson
Click for details
AI Summary
HB233 Summary
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Extends victim and witness protections in criminal prosecutions for physical offenses, sexual offenses, and violent offenses to include "protected persons" (individuals with developmental disabilities) in addition to children under age 16.
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Defines "protected person" as someone with intellectual disability, autism, cerebral palsy, epilepsy, or disabling neurological condition originating before age 22 that substantially handicaps functioning in society.
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Allows use of anatomically correct dolls or mannequins during testimony of witnesses under age 12 or protected persons (expanded from previous age 10 limit).
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Permits out-of-court statements from protected persons to be admissible under the same criteria as those from children, and allows leading questions for witnesses under age 12 or protected persons in the interests of justice.
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Repeals Section 15-25-33 regarding expert testimony on child unavailability to testify; becomes effective the first day of the third month following passage and approval.
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or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.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
Indefinitely Postponed
5/6/2021