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AL SB123
Bill
Status
3/22/2023
Primary Sponsor
Merika Coleman-Evans
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AI Summary
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Expands Alabama Code Section 15-25-2 to authorize video depositions of human trafficking victims and witnesses without regard to age, in addition to the existing provision for child and protected person victims of sex crimes.
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Requires court order upon motion by district attorney or Attorney General, with good cause shown and notice to defendant, to take video depositions outside the defendant's presence.
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Court must consider the nature of the offense, expected testimony, and possible effects on the victim or witness during trial when deciding whether to allow video depositions.
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Specifies that prosecuting attorney, defense attorney, and persons contributing to victim well-being may be present during deposition; defendant may view testimony remotely and communicate with counsel but cannot be physically present.
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State must pay all costs associated with recording; video deposition becomes part of trial record in lieu of live testimony unless court determines introduction would unfairly prejudice defendant; effective date is first day of third month following passage and gubernatorial approval.
Legislative Description
Relating to criminal procedure; to amend Section 15-25-2, Code of Alabama 1975, as last amended by Act 2022-201, 2022 Regular Session, to authorize the taking of depositions by video equipment of victims and witnesses of human trafficking under certain conditions.
Criminal procedure, human trafficking victims, taking of depositions by video equipment, authorized
Last Action
Introduced and Referred to Senate Judiciary
3/22/2023