§ 11-37-13.1 Recording – Grand jurytestimony – Child assault. – (a) In any grand jury proceeding investigating a sexual assault alleged to havebeen committed against a child, a recording of a statement from the allegedvictim who is fourteen (14) years of age or younger at the time of theproceeding shall be admissible into evidence at the proceeding if:
(1) The statement is sworn to under oath by the child, andthe significance of the oath is explained to the child;
(2) The recording is both visual and aural and is recorded onfilm or videotape or by other electronic means;
(3) The recording equipment was capable of making an accuraterecording, the operator of the equipment was competent, and the recording isaccurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioningcalculated to lead the child to make a particular statement;
(6) The person conducting the interview is an attorney in thedepartment of the attorney general or another person chosen by the attorneygeneral to make the proceeding less intimidating to the child, and theinterviewer is available to testify at the proceeding;
(7) The child is available to testify if requested by thegrand jurors; and
(8) The recording is made a part of the record of the grandjury.
(b) In any grand jury proceeding investigating a sexualassault alleged to have been committed against a child, a recording of astatement from the alleged victim who is more than fourteen (14) years of ageand less than eighteen (18) years of age at the time of the proceeding shall beadmissible into evidence at the proceeding if:
(1) The attorney general petitions the court for permissionto introduce the recording at the proceeding; and
(2) The court grants the petition upon a finding that thechild would suffer unreasonable and unnecessary mental or emotional harm ifrequired to appear personally before the grand jury in order to testify; and
(3) All of the conditions as set forth in subsection (a) ofthis section are followed.
§ 11-37-13.1 Recording – Grand jurytestimony – Child assault. – (a) In any grand jury proceeding investigating a sexual assault alleged to havebeen committed against a child, a recording of a statement from the allegedvictim who is fourteen (14) years of age or younger at the time of theproceeding shall be admissible into evidence at the proceeding if:
(1) The statement is sworn to under oath by the child, andthe significance of the oath is explained to the child;
(2) The recording is both visual and aural and is recorded onfilm or videotape or by other electronic means;
(3) The recording equipment was capable of making an accuraterecording, the operator of the equipment was competent, and the recording isaccurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioningcalculated to lead the child to make a particular statement;
(6) The person conducting the interview is an attorney in thedepartment of the attorney general or another person chosen by the attorneygeneral to make the proceeding less intimidating to the child, and theinterviewer is available to testify at the proceeding;
(7) The child is available to testify if requested by thegrand jurors; and
(8) The recording is made a part of the record of the grandjury.
(b) In any grand jury proceeding investigating a sexualassault alleged to have been committed against a child, a recording of astatement from the alleged victim who is more than fourteen (14) years of ageand less than eighteen (18) years of age at the time of the proceeding shall beadmissible into evidence at the proceeding if:
(1) The attorney general petitions the court for permissionto introduce the recording at the proceeding; and
(2) The court grants the petition upon a finding that thechild would suffer unreasonable and unnecessary mental or emotional harm ifrequired to appear personally before the grand jury in order to testify; and
(3) All of the conditions as set forth in subsection (a) ofthis section are followed.
§ 11-37-13.1 Recording – Grand jurytestimony – Child assault. – (a) In any grand jury proceeding investigating a sexual assault alleged to havebeen committed against a child, a recording of a statement from the allegedvictim who is fourteen (14) years of age or younger at the time of theproceeding shall be admissible into evidence at the proceeding if:
(1) The statement is sworn to under oath by the child, andthe significance of the oath is explained to the child;
(2) The recording is both visual and aural and is recorded onfilm or videotape or by other electronic means;
(3) The recording equipment was capable of making an accuraterecording, the operator of the equipment was competent, and the recording isaccurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioningcalculated to lead the child to make a particular statement;
(6) The person conducting the interview is an attorney in thedepartment of the attorney general or another person chosen by the attorneygeneral to make the proceeding less intimidating to the child, and theinterviewer is available to testify at the proceeding;
(7) The child is available to testify if requested by thegrand jurors; and
(8) The recording is made a part of the record of the grandjury.
(b) In any grand jury proceeding investigating a sexualassault alleged to have been committed against a child, a recording of astatement from the alleged victim who is more than fourteen (14) years of ageand less than eighteen (18) years of age at the time of the proceeding shall beadmissible into evidence at the proceeding if:
(1) The attorney general petitions the court for permissionto introduce the recording at the proceeding; and
(2) The court grants the petition upon a finding that thechild would suffer unreasonable and unnecessary mental or emotional harm ifrequired to appear personally before the grand jury in order to testify; and
(3) All of the conditions as set forth in subsection (a) ofthis section are followed.
