HCS/HB 863 - This act requires that a child witness, fourteen years old or under, or after written findings on the record, a person fifteen to seventeen years old, who testifies at certain types of judicial proceedings be accommodated by the court in several ways. The judge shall ensure that any oath is administered to the child in a manner that the child may fully understand their duty to tell the truth. The judge shall ensure that questions are stated in a form which is appropriate to the age of the child, and explain to the child that if they do not understand the question they have a right to say that they do not understand the question. The judge may limit the length of a child's testimony and the time for their testimony to normal school hours. After filing a motion thirty days before the judicial proceeding, a child may have a toy or blanket with them, if all the parties agree, or if the child cannot reliably testify without the item and allowing the item is not likely to prejudice the judge/jury in evaluating the child's testimony. After filing a motion thirty days before the judicial proceeding, a child is also allowed to have a support person designated by the court in the courtroom. The court may allow the support person to be in close proximity to the child if all the parties agree, or if the child cannot reliably testify without the support person and allowing the support person is not likely to prejudice the judge/jury in evaluating the child's testimony. The judge may rephrase any question, so that the child is not intimidated. At least thirty days prior to the judicial proceeding the judge may order adjustments to the layout of the courtroom, that the proceeding be conducted outside the normal courtroom, or that the formalities of the proceedings be relaxed.
This act is similar to HB 1611 (2008).
EMILY KALMER