AR SB612

Courts may order children 12 years of age or under to testify outside the courtroom via closed-circuit television, video conference technology, or other remote technology if clear and convincing evidence shows in-person testimony would be harmful or detrimental to the child.

Motions for remote testimony must be filed no later than 5 days before trial begins, except when a child demonstrates during testimony they cannot continue; either the prosecutor or defense attorney may file the motion, but it applies only to that party's witnesses.

When ruling on remote testimony motions, courts must consider factors including the child's age and maturity, trauma already suffered, nature of the testimony and offense, threats made to the child or family, and conduct by the defendant or attorney that prevents the child from testifying.

Only specified persons may be present with the child during remote testimony: the judge, prosecutor, defense attorney, child's attorney, technical operators, and persons necessary for the child's welfare; the defendant has a right to private communication with their attorney during testimony.

Added safeguard allowing attorneys to file motions for children to testify remotely using specified technology, complementing existing protections for child witnesses such as comfort items and support persons during testimony.