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HI HB1982
Bill
Status
1/21/2014
Primary Sponsor
Aaron Johanson
Click for details
AI Summary
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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.
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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).
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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.
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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.
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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