22-3433.Recorded statement of child victim admissible in certain cases;limitations.(a) In any criminal proceedingin which a child less than 13 years of age is alleged to be a victim of thecrime, a recording of an oral statement of the child,made before the proceeding began is admissible in evidence if:
(1) The court determines that the time, content and circumstances of thestatement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film orvideotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording,the operator of the equipment is competent and the recording is accurateand has not been altered;
(5) the statement is not made in response to questioning calculated tolead the child to make a particular statement or is clearly shown to be thechild's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording ispresent at the proceeding and is available to testify or be cross-examinedby any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before it is offered into evidence, and a copy of a writtentranscript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any partyto the proceeding may call the child to testify and be cross-examined,either in the courtroom or as provided by K.S.A. 22-3434 andamendments thereto.
History: L. 1985, ch. 112, § 3;L. 1986, ch. 135, § 1; L. 1986, ch. 119, § 3; July 1.
22-3433.Recorded statement of child victim admissible in certain cases;limitations.(a) In any criminal proceedingin which a child less than 13 years of age is alleged to be a victim of thecrime, a recording of an oral statement of the child,made before the proceeding began is admissible in evidence if:
(1) The court determines that the time, content and circumstances of thestatement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film orvideotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording,the operator of the equipment is competent and the recording is accurateand has not been altered;
(5) the statement is not made in response to questioning calculated tolead the child to make a particular statement or is clearly shown to be thechild's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording ispresent at the proceeding and is available to testify or be cross-examinedby any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before it is offered into evidence, and a copy of a writtentranscript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any partyto the proceeding may call the child to testify and be cross-examined,either in the courtroom or as provided by K.S.A. 22-3434 andamendments thereto.
History: L. 1985, ch. 112, § 3;L. 1986, ch. 135, § 1; L. 1986, ch. 119, § 3; July 1.
22-3433.Recorded statement of child victim admissible in certain cases;limitations.(a) In any criminal proceedingin which a child less than 13 years of age is alleged to be a victim of thecrime, a recording of an oral statement of the child,made before the proceeding began is admissible in evidence if:
(1) The court determines that the time, content and circumstances of thestatement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film orvideotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording,the operator of the equipment is competent and the recording is accurateand has not been altered;
(5) the statement is not made in response to questioning calculated tolead the child to make a particular statement or is clearly shown to be thechild's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording ispresent at the proceeding and is available to testify or be cross-examinedby any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before it is offered into evidence, and a copy of a writtentranscript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any partyto the proceeding may call the child to testify and be cross-examined,either in the courtroom or as provided by K.S.A. 22-3434 andamendments thereto.
History: L. 1985, ch. 112, § 3;L. 1986, ch. 135, § 1; L. 1986, ch. 119, § 3; July 1.
