491.725. 1. This section shall be known and may be cited as the"Child Witness Protection Act".
2. As used in this section, the following terms shall mean:
(1) "Child", a person fourteen years of age or under, or at thediscretion of the court, a person fifteen to seventeen years of age, who isa witness in any judicial proceeding under chapter 452 or 453, RSMo, or thealleged victim or witness in any judicial proceeding under chapter 455,565, 566, or 568, RSMo. The court shall make written findings on therecord when a child fifteen to seventeen years of age is included underthis subdivision. "Victim" or "witness" shall not include any childaccused of committing a felony; however, these terms may, in the court'sdiscretion, include:
(a) A child where such child's participation in a felony appears tohave been induced, coerced, or unwilling; or
(b) A child who has participated in the felony, but who hassubsequently and voluntarily agreed to testify on behalf of the state;
(2) "Support person", an adult, designated by the court to serve as asupport person, who is known to the child victim or witness and who has nodirect legal or pecuniary interest in the outcome of the judicialproceeding.
3. In order to facilitate testimony that is fair and accurate, forthe benefit of all parties, and in order to protect all parties from therisks of a child becoming confused while testifying in a judicialproceeding, the following child witness protection act shall apply to allchildren testifying in court:
(1) Whether at a competency hearing or trial itself, the judge shallensure that any oath that is required of a child shall be administered insuch a manner that the child may fully understand his or her duty to tellthe truth;
(2) The court shall take care to ensure that questions are stated ina form which is appropriate to the age of the child. The court shallexplain to the child that if he or she does not understand a question, thechild has the right to say that he or she does not understand the questionand to have the question restated in a form that the child does understand;
(3) In the court's discretion, the taking of testimony from a childvictim or witness may be limited in duration or limited to normal schoolhours. The court may order a recess when the energy, comfort, or attentionspan of the child warrants;
(4) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may allow the child to have a toy, blanket,or similar item in his or her possession while testifying, but such itemshall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of evidencethat:
a. The child in question cannot reliably testify without the item inhis or her possession; and
b. Allowing the item is not likely to prejudice the trier of fact inhearing and evaluating the child's testimony;
(5) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may designate a support person, who shall bepresent in the courtroom, in view of the child witness. The court mayallow the support person to remain in close proximity to the child duringthe child's testimony, but such action shall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of the evidencethat:
a. The child in question cannot reliably testify without the supportperson in close proximity during the testimony; and
b. Allowing the support person to be in close proximity to the childduring testimony is not likely to prejudice the trier of fact in hearingand evaluating the child's testimony.
The support person shall not obscure the child from the view of thedefendant or the trier of fact. A support person shall not provide thechild with an answer to any question directed to the child during thecourse of the child's testimony or otherwise prompt the child or otherwiseinfluence the testimony of the child. If the support person attempts toinfluence or affect in any manner the testimony of the child victim orwitness during the giving of testimony or at any other time, the courtshall exclude that support person, refer the matter of misconduct of thesupport person to the prosecuting attorney, and designate an alternativesupport person;
(6) The court shall prevent intimidation or harassment of the childwitness by the parties or their attorneys. Insofar as it is consistentwith the constitutional rights of the parties to confront and cross-examineadverse witnesses, the judge may rephrase any questions in order to preventany such intimidation or harassment; and
(7) Upon its own motion or the motion of any party to the judicialproceeding, at least thirty days in advance of the judicial proceeding, thecourt may order such accommodations as are appropriate under thecircumstances to ensure the comfort of the child victim or witness,including the following measures:
(a) Adjusting the layout of the courtroom;
(b) Conducting the proceedings outside the normal courtroom; or
(c) Relaxing the formalities of the proceedings;
provided that, such measures are consistent with the rights of all partiesunder the constitution and laws of the United States and the state ofMissouri.
491.725. 1. This section shall be known and may be cited as the"Child Witness Protection Act".
2. As used in this section, the following terms shall mean:
(1) "Child", a person fourteen years of age or under, or at thediscretion of the court, a person fifteen to seventeen years of age, who isa witness in any judicial proceeding under chapter 452 or 453, RSMo, or thealleged victim or witness in any judicial proceeding under chapter 455,565, 566, or 568, RSMo. The court shall make written findings on therecord when a child fifteen to seventeen years of age is included underthis subdivision. "Victim" or "witness" shall not include any childaccused of committing a felony; however, these terms may, in the court'sdiscretion, include:
(a) A child where such child's participation in a felony appears tohave been induced, coerced, or unwilling; or
(b) A child who has participated in the felony, but who hassubsequently and voluntarily agreed to testify on behalf of the state;
(2) "Support person", an adult, designated by the court to serve as asupport person, who is known to the child victim or witness and who has nodirect legal or pecuniary interest in the outcome of the judicialproceeding.
3. In order to facilitate testimony that is fair and accurate, forthe benefit of all parties, and in order to protect all parties from therisks of a child becoming confused while testifying in a judicialproceeding, the following child witness protection act shall apply to allchildren testifying in court:
(1) Whether at a competency hearing or trial itself, the judge shallensure that any oath that is required of a child shall be administered insuch a manner that the child may fully understand his or her duty to tellthe truth;
(2) The court shall take care to ensure that questions are stated ina form which is appropriate to the age of the child. The court shallexplain to the child that if he or she does not understand a question, thechild has the right to say that he or she does not understand the questionand to have the question restated in a form that the child does understand;
(3) In the court's discretion, the taking of testimony from a childvictim or witness may be limited in duration or limited to normal schoolhours. The court may order a recess when the energy, comfort, or attentionspan of the child warrants;
(4) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may allow the child to have a toy, blanket,or similar item in his or her possession while testifying, but such itemshall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of evidencethat:
a. The child in question cannot reliably testify without the item inhis or her possession; and
b. Allowing the item is not likely to prejudice the trier of fact inhearing and evaluating the child's testimony;
(5) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may designate a support person, who shall bepresent in the courtroom, in view of the child witness. The court mayallow the support person to remain in close proximity to the child duringthe child's testimony, but such action shall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of the evidencethat:
a. The child in question cannot reliably testify without the supportperson in close proximity during the testimony; and
b. Allowing the support person to be in close proximity to the childduring testimony is not likely to prejudice the trier of fact in hearingand evaluating the child's testimony.
The support person shall not obscure the child from the view of thedefendant or the trier of fact. A support person shall not provide thechild with an answer to any question directed to the child during thecourse of the child's testimony or otherwise prompt the child or otherwiseinfluence the testimony of the child. If the support person attempts toinfluence or affect in any manner the testimony of the child victim orwitness during the giving of testimony or at any other time, the courtshall exclude that support person, refer the matter of misconduct of thesupport person to the prosecuting attorney, and designate an alternativesupport person;
(6) The court shall prevent intimidation or harassment of the childwitness by the parties or their attorneys. Insofar as it is consistentwith the constitutional rights of the parties to confront and cross-examineadverse witnesses, the judge may rephrase any questions in order to preventany such intimidation or harassment; and
(7) Upon its own motion or the motion of any party to the judicialproceeding, at least thirty days in advance of the judicial proceeding, thecourt may order such accommodations as are appropriate under thecircumstances to ensure the comfort of the child victim or witness,including the following measures:
(a) Adjusting the layout of the courtroom;
(b) Conducting the proceedings outside the normal courtroom; or
(c) Relaxing the formalities of the proceedings;
provided that, such measures are consistent with the rights of all partiesunder the constitution and laws of the United States and the state ofMissouri.
491.725. 1. This section shall be known and may be cited as the"Child Witness Protection Act".
2. As used in this section, the following terms shall mean:
(1) "Child", a person fourteen years of age or under, or at thediscretion of the court, a person fifteen to seventeen years of age, who isa witness in any judicial proceeding under chapter 452 or 453, RSMo, or thealleged victim or witness in any judicial proceeding under chapter 455,565, 566, or 568, RSMo. The court shall make written findings on therecord when a child fifteen to seventeen years of age is included underthis subdivision. "Victim" or "witness" shall not include any childaccused of committing a felony; however, these terms may, in the court'sdiscretion, include:
(a) A child where such child's participation in a felony appears tohave been induced, coerced, or unwilling; or
(b) A child who has participated in the felony, but who hassubsequently and voluntarily agreed to testify on behalf of the state;
(2) "Support person", an adult, designated by the court to serve as asupport person, who is known to the child victim or witness and who has nodirect legal or pecuniary interest in the outcome of the judicialproceeding.
3. In order to facilitate testimony that is fair and accurate, forthe benefit of all parties, and in order to protect all parties from therisks of a child becoming confused while testifying in a judicialproceeding, the following child witness protection act shall apply to allchildren testifying in court:
(1) Whether at a competency hearing or trial itself, the judge shallensure that any oath that is required of a child shall be administered insuch a manner that the child may fully understand his or her duty to tellthe truth;
(2) The court shall take care to ensure that questions are stated ina form which is appropriate to the age of the child. The court shallexplain to the child that if he or she does not understand a question, thechild has the right to say that he or she does not understand the questionand to have the question restated in a form that the child does understand;
(3) In the court's discretion, the taking of testimony from a childvictim or witness may be limited in duration or limited to normal schoolhours. The court may order a recess when the energy, comfort, or attentionspan of the child warrants;
(4) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may allow the child to have a toy, blanket,or similar item in his or her possession while testifying, but such itemshall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of evidencethat:
a. The child in question cannot reliably testify without the item inhis or her possession; and
b. Allowing the item is not likely to prejudice the trier of fact inhearing and evaluating the child's testimony;
(5) Upon motion made by the child, his or her representative, or anyparty to the judicial proceeding, at least thirty days in advance of thejudicial proceeding, the court may designate a support person, who shall bepresent in the courtroom, in view of the child witness. The court mayallow the support person to remain in close proximity to the child duringthe child's testimony, but such action shall only be allowed if:
(a) All parties agree; or
(b) If the movant shows the court by a preponderance of the evidencethat:
a. The child in question cannot reliably testify without the supportperson in close proximity during the testimony; and
b. Allowing the support person to be in close proximity to the childduring testimony is not likely to prejudice the trier of fact in hearingand evaluating the child's testimony.
The support person shall not obscure the child from the view of thedefendant or the trier of fact. A support person shall not provide thechild with an answer to any question directed to the child during thecourse of the child's testimony or otherwise prompt the child or otherwiseinfluence the testimony of the child. If the support person attempts toinfluence or affect in any manner the testimony of the child victim orwitness during the giving of testimony or at any other time, the courtshall exclude that support person, refer the matter of misconduct of thesupport person to the prosecuting attorney, and designate an alternativesupport person;
(6) The court shall prevent intimidation or harassment of the childwitness by the parties or their attorneys. Insofar as it is consistentwith the constitutional rights of the parties to confront and cross-examineadverse witnesses, the judge may rephrase any questions in order to preventany such intimidation or harassment; and
(7) Upon its own motion or the motion of any party to the judicialproceeding, at least thirty days in advance of the judicial proceeding, thecourt may order such accommodations as are appropriate under thecircumstances to ensure the comfort of the child victim or witness,including the following measures:
(a) Adjusting the layout of the courtroom;
(b) Conducting the proceedings outside the normal courtroom; or
(c) Relaxing the formalities of the proceedings;
provided that, such measures are consistent with the rights of all partiesunder the constitution and laws of the United States and the state ofMissouri.
