SENATE BILL NO. 381
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 35, TITLE 11, DELAWARE CODE RELATING TO TESTIMONY OF VICTIMS IN CHILD ABUSE CASES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 35, Title 11 by adding a new Section 3514 as
"Section 3514. Testimony of victim in child abuse case by means of closed circuit television.
(a)(1) In cases of crimes involving sexual or physical abuse as
defined in Sections 763 through 775, 611 through 613 and Section 1108 of this title, a court may order that the testimony of a child victim less than eleven (11) years of age be taken outside the courtroom and shown in the courtroom by means of closed circuit television if:
(C) The testimony is taken during the proceeding; and
(A) The judge determines that testimony by the child victim in the courtroom will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.
(C) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child.
(D) The operators of the closed circuit television shall make every effort to be unobtrusive.
(b)(1) Only the following persons may be in the room with the child when the child testifies by closed circuit television:
(d) The prosecuting attorney;
(e) The attorney for the defendant;
(6) The operators of the closed circuit television equipment; and
(2) Any person whose presence, in the opinion of the court, contributes to the well—being of the child, including a person who has dealt with the child in a therapeutic setting concerning the abuse.
(1) During the child's testimony by closed circuit television, the judge and the defendant shall be in the courtroom.
(1) The judge and the defendant shall be.allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(3) The provisions of this section do not apply if the defendant is an attorney pro se.
(4) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time."
Section 2. This Act shall not take effect unless and until sufficient
funding has been appropriated to implement its provisions.
Approved July 17, 1992.