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GA HB804
Bill
Status
Passed
4/15/2014
Primary Sponsor
Edward Lindsey
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AI Summary
- Repeals the existing Georgia law limited to closed circuit television testimony for children 10 years old or younger, replacing it with expanded protections for child witnesses under 17 years of age
- Allows courts to order a child witness or alleged victim to testify outside the physical presence of the accused in cases involving violent crimes, sexual offenses, kidnapping, cruelty to children, trafficking, and racketeering, among other specified offenses
- Requires an evidentiary hearing, initiated by the prosecutor, parent/guardian, or the court itself, filed at least 10 days before trial, where the court must find by a preponderance of the evidence that the child would likely suffer serious psychological or emotional distress impairing their ability to communicate if testifying in the accused's presence
- Lists 11 factors courts may consider, including the heinousness of the offense, the child's age or pre-existing conditions, the accused's relationship to the child, use of deadly weapons, threats of violence or family dissolution, and expert testimony on the child's susceptibility to trauma
- Requires testimony to be transmitted live via two-way closed circuit television, internet broadcast, or other electronic means in color, with all voices audible and identified, and prohibits a pro se accused from being physically present with the child during testimony
Legislative Description
Trial proceedings; testimony of a child ten years old or younger by closed circuit television and persons entitled to be present; repeal provisions
Last Action
Effective Date
7/1/2014
Full Bill Text
No bill text available