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HI HB1982

Bill

Status

Introduced

1/21/2014

Primary Sponsor

Aaron Johanson

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes Rule 616 to allow video-recorded evidence from child victims under age 14 in abuse and sexual offense prosecutions instead of requiring live courtroom testimony.

  • Requires video recordings be made contemporaneously with the child's initial complaint to police by a police officer or forensic interviewer (licensed counselors, social workers, psychologists, or psychiatrists).

  • Mandates the interviewer ask non-leading questions and be available at trial to authenticate the recording; provides for exclusion of portions with leading questions without invalidating the entire recording.

  • Requires the defendant receive a complete unedited copy of the recording at least 14 days before hearing and edited copies with reasonable time to review before evidence is presented to the fact-finder.

  • Ensures the child remains available for cross-examination at trial and allows video evidence to be presented to grand juries; permits court to exclude recordings only upon clear and convincing evidence of unreliability.

Legislative Description

Video Evidence of Child Victims

Last Action

Referred to HUS, JUD, referral sheet 3

1/21/2014

Committee Referrals

Human Services1/21/2014

Full Bill Text

No bill text available