38-2358.Recorded statement of child victimadmissible in certain cases; limitations.(a) In any proceeding pursuant to thecode inwhich a child less than 13 years of age is alleged to be a victim of theoffense, a recording of an oralstatement of the child, made before the proceeding began, is admissible inevidence if:
(1) The court determines that the time, content and circumstances of thestatement providesufficient 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 otherelectronic means;
(4) the recording equipment is capable of making an accurate recording, theoperator of theequipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to leadthe child to makea particular statement or is clearly shown to be the child's statement and notmade solely as a resultof 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 theproceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before itis offered into evidence, and a copy of a written transcript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party tothe proceeding maycall the child to testify and be cross-examined, either in the courtroom or asprovided byK.S.A. 2009 Supp.38-2359, and amendments thereto.
38-2358.Recorded statement of child victimadmissible in certain cases; limitations.(a) In any proceeding pursuant to thecode inwhich a child less than 13 years of age is alleged to be a victim of theoffense, a recording of an oralstatement of the child, made before the proceeding began, is admissible inevidence if:
(1) The court determines that the time, content and circumstances of thestatement providesufficient 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 otherelectronic means;
(4) the recording equipment is capable of making an accurate recording, theoperator of theequipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to leadthe child to makea particular statement or is clearly shown to be the child's statement and notmade solely as a resultof 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 theproceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before itis offered into evidence, and a copy of a written transcript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party tothe proceeding maycall the child to testify and be cross-examined, either in the courtroom or asprovided byK.S.A. 2009 Supp.38-2359, and amendments thereto.
38-2358.Recorded statement of child victimadmissible in certain cases; limitations.(a) In any proceeding pursuant to thecode inwhich a child less than 13 years of age is alleged to be a victim of theoffense, a recording of an oralstatement of the child, made before the proceeding began, is admissible inevidence if:
(1) The court determines that the time, content and circumstances of thestatement providesufficient 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 otherelectronic means;
(4) the recording equipment is capable of making an accurate recording, theoperator of theequipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to leadthe child to makea particular statement or is clearly shown to be the child's statement and notmade solely as a resultof 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 theproceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view therecording before itis offered into evidence, and a copy of a written transcript is provided tothe parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party tothe proceeding maycall the child to testify and be cross-examined, either in the courtroom or asprovided byK.S.A. 2009 Supp.38-2359, and amendments thereto.
