HF 1135

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:53pm

A bill for an act
relating to witness testimony; providing for manner of child testimony; providing
for support person for child and certain adult witnesses; proposing coding for
new law in Minnesota Statutes, chapters 595; 631; repealing Minnesota Statutes
2012, section 631.046.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [595.065] CHILD WITNESS TESTIMONY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "child" means a person
under the age of 18.
new text end

new text begin Subd. 2. new text end

new text begin Oath and reading of rights. new text end

new text begin When a child is to testify in a proceeding,
the court shall:
new text end

new text begin (1) administer an oath to the child in a manner that allows the child to understand the
duty to tell the truth according to the child's developmental level; and
new text end

new text begin (2) explain to the child prior to the initiation of testimony that the child has the right to:
new text end

new text begin (i) notify the court during questioning if the child does not understand a question; and
new text end

new text begin (ii) have a question restated in a form that the child does understand.
new text end

new text begin Subd. 3. new text end

new text begin Appropriate questioning and duration of testimony. new text end

new text begin To ensure
that the testimony of the child is taken in a manner appropriate to the child's age and
developmental level, the court may:
new text end

new text begin (1) rephrase, or request the attorney to rephrase, a question asked of the child to
ensure the child understands the question and is able to answer that question completely; or
new text end

new text begin (2) set the time for testimony when the child is best able to understand the questions
and maintain sufficient attention and energy for testifying, including:
new text end

new text begin (i) limiting the duration of questioning by allowing for recesses during the child's
testimony;
new text end

new text begin (ii) limiting the timing of the child's testimony to the child's normal school hours;
new text end

new text begin (iii) ordering a recess when necessary for the energy, comfort, or attention span
of the child; or
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new text begin (iv) adjusting the layout of the courtroom.
new text end

new text begin Subd. 4. new text end

new text begin Comfort item. new text end

new text begin The court shall permit the child to have a comfort item
in the child's possession while testifying, upon the request of the party calling the child
witness, unless the court finds that granting the motion is likely to unfairly prejudice the
trier of fact in evaluating the child's testimony.
new text end

new text begin Subd. 5. new text end

new text begin Supportive person. new text end

new text begin Notwithstanding any other law, a child witness may
request to have in attendance or be accompanied by a parent, guardian, or other supportive
person, whether or not the person is a witness in the case, during the testimony of the child.
If the person so chosen is also a prosecuting witness, the party wishing to call the child
witness shall present on noticed motion evidence that the presence of the supportive person
is desired by the child and will be helpful to the child witness. The party may also present
evidence on noticed motion that the close proximity of the supportive person is desired
by the child and will be helpful to the child witness. The court shall grant the request
unless information presented by another party or noticed by the court establishes that the
presence or close proximity of the supportive person to the child during the testimony of
the child witness would pose a substantial risk of influencing or affecting the content of
the testimony. The supportive person who is present during the child's testimony may not:
new text end

new text begin (1) obscure the child from the view of the defendant or the trier of fact;
new text end

new text begin (2) provide the child with an answer to any question asked of the child; or
new text end

new text begin (3) assist or influence the testimony of the child.
new text end

new text begin Subd. 6. new text end

new text begin Additional conditions and limitations. new text end

new text begin In addition to the conditions and
limitations in this section, the court may set any other condition or limitation on the taking
of the testimony of a child that it finds just and appropriate, considering the interests of the
child, the rights of the defendant, and any other relevant factors.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to all trials or testimonial proceedings
commenced on or after August 1, 2013.
new text end

Sec. 2.

new text begin [631.047] PRESENCE OF SUPPORT PERSON FOR ADULT
PROSECUTING WITNESS.
new text end

new text begin Notwithstanding any other law, an adult witness for the prosecution in any case
involving criminal sexual conduct as defined in sections 609.342, 609.343, 609.344,
and 609.345, may choose to be accompanied by a supportive person, whether or not
a witness, at the omnibus or other pretrial hearing. If the person so chosen is also a
prosecuting witness, the prosecution shall present on noticed motion evidence that the
person's attendance is both desired by the prosecuting witness for support and will be
helpful to the prosecuting witness. Upon that showing, the court shall grant the request
unless information presented by the defendant or noticed by the court establishes that the
support person's attendance during the testimony of the prosecuting witness would pose a
substantial risk of influencing or affecting the content of that testimony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to all trials or testimonial proceedings
commenced on or after August 1, 2013.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 631.046, new text end new text begin is repealed.
new text end