13-4253

13-4253. Out of court testimony; televised;
recorded

A. The court, on motion of the prosecution, may order that the testimony of the
minor be taken in a room other than the courtroom and be televised by closed circuit
equipment in the courtroom to be viewed by the court and the finder of fact in the
proceeding. Only the attorneys for the defendant and for the state, persons necessary to
operate the equipment and any person whose presence would contribute to the welfare and
well-being of the minor may be present in the room with the minor during his testimony.
Only the attorneys may question the minor. The persons operating the equipment shall be
confined to an adjacent room or behind a screen or mirror that permits them to see and
hear the minor during his testimony but does not permit the minor to see or hear
them. The court shall permit the defendant to observe and hear the testimony of the
minor in person but shall ensure that the minor cannot hear or see the defendant.

B. The court, on motion of the prosecution, may order that the testimony of the
minor be taken outside the courtroom and be recorded for showing in the courtroom before
the court and the finder of fact in the proceeding. Only those persons permitted to be
present at the taking of testimony under subsection a may be present during the taking of
the minor's testimony, and the persons operating the equipment shall be confined from the
minor's sight and hearing as provided by subsection A. The court shall permit the
defendant to observe and hear the testimony of the minor in person but shall ensure that
the minor cannot hear or see the defendant. The court shall also ensure that:

1. The recording is both visual and aural and is recorded on film or videotape or
by other electronic means.

2. The recording equipment was capable of making an accurate recording, the
operator was competent and the recording is accurate and is not altered.

3. Each voice on the recording is identified.

4. Each party is afforded an opportunity to view the recording before it is shown
in the courtroom.

C. If the court orders the testimony of a minor to be taken pursuant to this
section, the minor shall not be required to testify in court at the proceeding for which
the testimony was taken.