AN ACT Relating to child witnesses; amending RCW 9A.44.120; adding a new section to chapter 9A.44 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that child sexual abuse is so traumatic to the victim that it frequently creates severe life-long problems. It further finds that the process of reporting the offense to child protective services and law enforcement officers and giving testimony in court is so intimidating and stressful that a child may not be able to provide the evidence that is needed for the finders of fact to reach a just conclusion. Furthermore, this process may add to the trauma and emotional distress already created in being a victim. Thus, the legislature establishes a policy of protecting the child victim-witness to mitigate the deleterious effects of the judicial process insofar as it does not circumscribe the defendant's rights.

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

(1) On motion of the attorney for any party to a criminal proceeding in which a child less than thirteen years of age is alleged to be a victim of the crime, the court may order that the testimony of the child be taken:

(a) In a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding; or

(b) Outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding if:

(i) The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(ii) The recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;

(iii) Every voice on the recording is identified; and

(iv) Each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript is provided to the parties.

(2) At the taking of testimony under this section:

(a) Only the attorneys for the defendant, the state, and the child, any person whose presence would contribute to the welfare and well-being of the child, and persons necessary to operate the recording or closed-circuit equipment may be present in the room with the child during the child's testimony;

(b) Only the attorneys may question the child;

(c) The persons operating the recording or closed-circuit equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the child's testimony but does not permit the child to see or hear them; and

(d) The court shall permit the defendant to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the defendant.

(3) If the testimony of a child is taken as provided by this section, the child shall not be compelled to testify in court during the proceeding.

(4)(a) Any objection by any party to the proceeding that a recording under subsection (1)(b) of this section is inadmissible must be made by written motion filed with the court at least seven days before the commencement of the trial. An objection under this subsection shall specify the portion of the recording which is objectionable and the reasons for the objection. Failure to file an objection within the time provided by this subsection shall constitute waiver of the right to object to the admissibility of the recording unless the court, in its discretion, determines otherwise.

(b) The provisions of subsection (4) of this section shall not apply to any objection to admissibility for the reason that the recording has been materially altered.

Sec. 3. Section 2, chapter 129, Laws of 1982 as amended by section 1, chapter 404, Laws of 1985 and RCW 9A.44.120 are each amended to read as follows:

A statement made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in dependency proceedings under Title 13 RCW and criminal proceedings in the courts of the state of Washington if:

(1) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and

(2) The child ((~~either~~)):

(a) Testifies at the proceedings; or

(b) Is unavailable as a witness: PROVIDED, That when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act; or

(c) Is emotionally unavailable as a witness: PROVIDED, That the witness gives a statement by closed-circuit television televised from a nearby room, by introduction of a videotape pursuant to section 2 of this act, or in a courtroom closed to some or all spectators; and the court finds that the court appearance will have deleterious emotional effects on the witness or that the witness is unable to describe the events in open court.

A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.