Bill > H981

This bill aims to amend Section 16D of Chapter 278 of the Massachusetts General Laws to provide alternative procedures for taking the testimony of child witnesses in certain court proceedings. The key provisions of the bill include: 1. Defining "child witness" as a person under the age of 15 who is alleged to be a victim or witness of certain crimes, and defining "simultaneous electronic means" as a device capable of projecting live visual and oral transmission, such as closed-circuit television. 2. Establishing 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 allowing the court to order the use of a suitable alternative procedure for taking the child's testimony. 3. Specifying that the alternative procedure can involve recording the child's testimony on videotape or film to be shown in court later, or transmitting the testimony to the courtroom by simultaneous electronic means. 4. Ensuring various safeguards, such as the defendant's right to be present and examine the child witness, and the court's discretion to control the tone of questioning to protect the child. 5. Allowing the recorded or transmitted testimony to be admitted as substantive evidence, and requiring subsequent testimony of the child witness to also be taken by a suitable alternative procedure. 6. Requiring the district attorney to inform the child witness's proponents (parent, guardian, or foster parent) of the right to use alternative means of testifying, and the judge to inquire about this at the pre-trial conference.

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https://malegislature.gov/Bills/190/H981