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WV HB3338

Bill

Status

Passed

4/28/2025

Primary Sponsor

David Green

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Expands the definition of "child witness" to include any person under age 16 who will testify in criminal matters involving any alleged code violation, allowing testimony via live closed-circuit television

  • Adds "psychological abuse" to the list of factors courts must consider when determining whether to allow a child witness to testify remotely, alongside existing factors of physical and sexual abuse

  • Requires courts to find by clear and convincing evidence that the child cannot testify due solely to being in the defendant's physical presence before permitting closed-circuit television testimony

  • Mandates appointment of a psychiatrist or licensed psychologist with at least 5 years clinical experience to provide expert opinion on whether the child will suffer severe emotional harm from in-person testimony

  • Takes effect July 10, 2025 (90 days after passage on April 11, 2025)

Legislative Description

Allow child witness testify remotely in situations deemed traumatic by judge

Courts

Last Action

Approved by Governor 4/28/2025 - Senate Journal

4/12/2025

Committee Referrals

Judiciary3/25/2025
Judiciary3/13/2025

Full Bill Text

No bill text available