_______________________________________________

                                 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1534

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Holm, Leonard, Moyer, Pruitt, Sayan, Cole, Dorn, Cooper, Walker, Rasmussen, Unsoeld, Belcher, Basich, Wang, Jacobsen, Rayburn, Scott, Spanel, Wineberry, Baugher, Jones, Winsley, Brekke, Taylor and Lux)

Read first time 2/5/88.

AN ACT Relating to testimony of children; and adding new sections to chapter 9A.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

          The court may, on the motion of the state in a criminal proceeding, order that the testimony of a child ten years of age or younger be  televised by closed circuit equipment in the courtroom to be simultaneously viewed by the defendant in a room other than the courtroom if:

          (1) The testimony will describe an act of sexual contact, as defined in RCW 9A.44.100(2), with or on the child;

          (2) The court finds, in a hearing conducted outside the presence of the jury, that the child would suffer severe emotional harm by testifying in the presence of the defendant;

          (3) The defendant is afforded the opportunity to communicate with his or her attorney by electronic transmission or court recesses throughout the child's testimony; and

          (4) The television equipment is capable of making an accurate reproduction and the operator of the equipment is competent.

NEW SECTION. Sec. 2.  A new section is added to chapter 9A.44 RCW to read as follows:

          The court may, on the motion of the state in a criminal proceeding, order that the testimony of a child ten years of age or younger be taken in a room other than the courtroom to be simultaneously viewed by closed circuit equipment in the courtroom by the judge, jury, and the defendant if:

          (1) The testimony will describe an act of sexual contact, as described in RCW 9A.44.100(2), with or on the child;

          (2) The court finds, in a hearing conducted outside the presence of the jury, that the child would suffer such severe emotional harm by testifying in the presence of the jury that the child is rendered unavailable as a witness unless this procedure is used;

          (3) Persons in the room with the child shall include only the deputy prosecutor, defense counsel, equipment operator, and any person who the court finds would contribute to the welfare of the child;

          (4) The court and the defendant are afforded the opportunity to communicate with the attorneys by electronic transmission or court recesses throughout the child's testimony; and

          (5) The television equipment is capable of making an accurate reproduction and the operator of the equipment is competent.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.