HB 1281 Summary

• Prohibits deposing victims age 17 or younger who are victims of human trafficking, sexual battery, or lewd or lascivious offenses, except by party agreement or court approval based on findings that testimony is necessary, evidence unavailable by other means, and probative value outweighs detriment to victim.

• Requires courts to issue protective orders if depositions are approved, must appoint an attorney to represent the victim, and prohibits defendant physical presence unless parties agree or court orders otherwise for good cause.

• Designates victims age 17 or younger in specified offenses as "sensitive witnesses" requiring parties to consult on deposition time, place, manner, and scope, with court issuing regulatory orders if agreement cannot be reached.

• Grants victims the right to have counsel and victim advocate present, to make legal objections, and to apply for protective orders; requires deposition notices include information about these rights.

• Prohibits self-represented defendants from directly deposing victims in specified offenses and requires courts to appoint counsel for defendants for such depositions; effective July 1, 2021.