HF 3002

as introduced - 88th Legislature (2013 - 2014) Posted on 03/12/2014 11:34am

A bill for an act
relating to witness testimony; providing for manner of child testimony; proposing
coding for new law in Minnesota Statutes, chapter 595.

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 Child witness testimony. new text end

new text begin When a child is to testify in a proceeding, the
court shall conduct the proceedings in a manner that addresses the rights of the defendant
and the well-being of the child. In the interests of the child witness, the court may:
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;
new text end

new text begin (2) explain to the child prior to the initiation of testimony that the child may notify
the court if the child does not understand a question;
new text end

new text begin (3) 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;
new text end

new text begin (4) allow for recesses during the child's testimony when necessary for the energy,
comfort, or attention span of the child;
new text end

new text begin (5) 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; and
new text end

new text begin (6) allow the child witness to request a supportive person, whether or not the person is
a witness in the case, during the testimony of the child, 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 EFFECTIVE DATE. new text end

new text begin This section applies to all trials or testimonial proceedings
commenced on or after August 1, 2014.
new text end