SB 5087-S - DIGEST

 

              (DIGEST OF PROPOSED 1ST SUBSTITUTE)

 

     Provides that only persons accused of alleged sexual abuse or the person's attorney may view or listen to the tape as necessary to prepare an adequate defense, but the tape shall remain in the custody of the prosecuting attorney's office or the local law enforcement agency.

     Provides that if the tape has been introduced as evidence it shall remain in the custody of the court, and if the charges against the accused are dismissed or if the accused is found not guilty, all tapes shall be destroyed.

     Declares that a person is guilty of tampering with a witness if he or she attempts to induce a witness to alter in any way his or her statements in an official proceeding or investigative interview, including interviews under this act.

     Declares tampering with a witness is a class C felony.