House Bill 812

AN ACT TO CREATE THE CHILD WITNESS BILL OF RIGHTS; TO PROVIDE MEASURES TO ACCOMMODATE CHILDREN WHEN THEY ARE CALLED TO TESTIFY IN LEGAL PROCEEDINGS; TO PROVIDE CERTAIN PROCEDURES RELATED TO CHILD TESTIMONY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Persons who are under the age of eighteen (18) years at the time of their testimony may have the following accommodations granted to them, if the child's testimony is sought for any stage of a proceeding held pursuant to this act:

(a) In the court's discretion, the taking of testimony from a child may be limited in duration and/or set at a time that accommodates the child's school and activity schedule. The court may order temporary breaks in the proceedings when the energy, comfort, or attention span of the child warrants;

(b) Upon motion made by the child, his or her representative, or any party to the proceeding, the court may allow the child to have a toy, blanket, or similar comfort item in his or her possession while testifying;

(c) Upon motion made by the child, his or her representative, or any party to the judicial proceeding, the court may designate a support person, who shall be present in the courtroom, in view of the child witness. The court may allow the support person to remain in close proximity to the child during the child's testimony, but such action shall only be allowed if:

(i) All parties agree; or

(ii) If the movant shows the court by a preponderance of evidence that:

1. The child in question cannot reliably testify without the support person in his or her possession; and

2. Allowing the support person is not likely to prejudice the trier of fact in hearing and evaluating the child's testimony; or

(iii) The support person shall not obscure the child from the view of the parties or the trier of fact. The support person shall not provide the child with an answer to any question directed to the child during the course of the child's testimony or otherwise prompt the child or otherwise influence the testimony of the child; or

(iv) If the support person attempts to influence or affect in any manner the testimony of the child at any time the court shall exclude that support person.

(d) Upon motion by any party to the proceeding or upon its own motion, the court may order such accommodations as are appropriate under the circumstances to ensure the comfort of a child witness, including, but not limited to, the following measures:

(i) Adjusting the layout of the courtroom or hearing room;

(ii) Conducting the proceedings outside the normal courtroom;

(iii) Close the courtroom to the public, court observers, nontestifying family of the witness or defendant, or the media;

(iv) Relaxing the formalities of the proceedings;

(v) Permitting properly trained facility animals to be present in the hearing, or

(vi) Permitting the use of a properly constructed screen, which would permit the persons in the courtroom or hearing room to see the child but would obscure the child's view of the parties.

(e) In circumstances where a party has chosen to proceed without counsel, the court may appoint standby counsel for that party and may order standby counsel to question a child witness on behalf of the pro se party, if the court finds that there is a substantial likelihood that emotional harm would come to the child if the pro se party were allowed to question the child directly.

(f) The court shall encourage and permit the use of age and developmentally appropriate language, both in questions to the child witness and also in explanations of the court process for the child witness. This shall include administering an oath to a child in a manner that allows the child to fully understand his duty to tell the truth by inclusion of a child fair oath that is age appropriate.

(g) If the child is also a victim, the court shall ensure that all steps necessary to secure the physical safety of the child, both in the courtroom and during periods of time that the child may spend waiting in court, have been taken.

(h) The court shall take all steps necessary to ensure that any sensitive information, including address or physical location of the child witness, child witness and/or the immediate family of the child witness, shall remain confidential.

(i) For any case in which the child witness is alleged to have been emotionally, sexually, and/or physically abused, the child shall be given notice of pretrial discovery motions, with such notice being required to be given in sufficient time to allow the guardian ad litem or counsel for the child to file any pleadings deemed appropriate to the situation.

(j) To be provided, whenever possible, a secure waiting area during court proceedings. The court shall provide a waiting area for the child victim separate from the defendant, relatives of the defendant, and defense witnesses during court proceedings.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.