Bill > H1669

This bill amends Massachusetts General Laws Chapter 278, Section 16D, to establish alternative procedures for taking the testimony of child witnesses, defined as individuals under fifteen years old, in cases involving specific serious crimes against children or vulnerable individuals. The bill introduces the concept of "simultaneous electronic means," such as closed-circuit television, allowing testimony to be transmitted live to the courtroom, and also permits testimony to be videotaped for later viewing. A "proponent of a child witness" is defined as a parent, legal guardian, foster parent, or victim witness assistant. The bill creates a rebuttable presumption that a child witness is likely to suffer psychological or emotional trauma from testifying in open court or in front of the defendant, and allows the court, on its own motion or at the request of a proponent, to order these alternative procedures. Testimony taken through these methods must be recorded in a suitable setting outside the courtroom but in the presence of the judge, prosecution, and defense counsel, with the defendant's presence only permitted if the judge finds the child witness will not be intimidated. The defendant's counsel retains the right to examine or cross-examine the child witness to the same extent as at trial, and the defendant can see and hear the testimony and communicate privately with their attorney. The recorded or transmitted testimony is admissible as substantive evidence in place of live testimony, provided the court re-enters an order based on current findings. The bill also outlines specific requirements for the recording and transmission equipment and process to ensure accuracy and visibility, and mandates that all such testimony be transcribed into the court record. Importantly, while the recordings themselves are not public records, their transcripts are. Finally, the bill requires district attorneys to inform the child witness's proponents of these alternative testifying options and mandates that judges inquire about this notification at pre-trial conferences.