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MN SF1035
Bill
Status
3/4/2013
Primary Sponsor
Vicki Jensen
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AI Summary
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Defines "child" as a person under 18 and requires courts to administer oaths in a manner the child understands and explain the child's right to request question clarification before testimony.
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Permits courts to rephrase questions for age-appropriate understanding, limit testimony duration with recesses, schedule testimony during school hours, and adjust courtroom layout as needed.
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Allows child witnesses to possess a comfort item and be accompanied by a parent, guardian, or supportive person during testimony unless the court finds it would unfairly prejudice the trier of fact or substantially risk influencing testimony content.
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Requires supportive persons present during child testimony to not obstruct the defendant's or trier of fact's view, provide answers to questions, or influence the child's testimony.
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Permits adult witnesses in criminal sexual conduct cases to be accompanied by a supportive person at omnibus and pretrial hearings, with court approval unless the support person's presence poses a substantial risk of influencing testimony.
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Effective date: August 1, 2013 for all trials or testimonial proceedings commenced on or after that date; repeals Minnesota Statutes 2012, section 631.046.
Legislative Description
Child witness testimony procedures; presence of support person for adult prosecuting witness requirement
Last Action
Referred to Judiciary
3/4/2013