Bill > HB3338

This bill amends West Virginia law to expand the ability of child witnesses under 16 years old to testify via closed-circuit television in criminal cases involving alleged physical, sexual, or psychological abuse. The bill defines key terms such as "child witness" (a person under 16 called to testify in a criminal matter) and "live, closed-circuit television" (simultaneous video transmission between the courtroom and a separate testimonial room). To allow remote testimony, the court must find by clear and convincing evidence that the child is a competent witness who can only testify through two-way closed-circuit television, and that the prosecution would be substantially impaired without the child's live testimony. The court must also consider factors like the child's age, maturity, the circumstances of the alleged offense, and potential emotional harm. Additionally, the bill requires the court to appoint a psychiatrist or licensed psychologist with at least five years of clinical experience to provide an expert opinion on whether the child would suffer severe emotional harm by testifying in the defendant's physical presence. This expert opinion must be filed at least 30 days before the hearing, and the defendant will have an opportunity to review and challenge it. The goal is to protect child witnesses from potential trauma while ensuring a fair legal process.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3338&year=2025&sessiontype=RS&btype=bill