Bill > H4057

This bill amends existing Massachusetts law to allow for alternative procedures for taking the testimony of child witnesses, defined as individuals under fifteen years old who are victims or witnesses to certain serious crimes, in court proceedings. The bill establishes a rebuttable presumption that a child witness is likely to suffer psychological or emotional trauma if they have to testify in open court or in front of the defendant. If the court orders an alternative procedure, the child's testimony can be recorded on videotape or film to be shown later, or transmitted live to the courtroom via simultaneous electronic means, such as closed-circuit television. These alternative procedures would take place outside the courtroom but in the presence of the judge, attorneys, and potentially others, with specific conditions for the defendant's presence to protect the child from intimidation. The recorded or transmitted testimony would be admissible as evidence in place of live testimony, provided certain technical and procedural safeguards are met, including ensuring the recording is accurate and accessible to the defense. The bill also mandates that the district attorney inform the child's proponent (parent, guardian, or foster parent) of these alternative testifying options and requires the judge to confirm this notification at a pre-trial conference. Importantly, while the recordings themselves are not public records, transcripts of the testimony will be.