Rule 15.5. Out of courtstatement and testimony of child victims or child witnesses of sexual orphysical abuse - Conditions of admissibility.
(a) Previouslyrecorded statements. In any case concerning a charge of child abuse orof a sexual offense against a child, the oral statement of a victim or otherwitness younger than 14 years of age which was recorded prior to the filing ofan information or indictment is, upon motion and for good cause shown,admissible as evidence in any court proceeding regarding the offense if all ofthe following conditions are met:
(a)(1) the child isavailable to testify and to be cross-examined at trial, either in person or asprovided by law, or the child is unavailable to testify at trial, but thedefendant had a previous opportunity to cross-examine the child concerning therecorded statement, such that the defendant?s rights of confrontation are notviolated;
(b) Remotetransmission of testimony. In a criminal case concerning a charge ofchild abuse or of a sexual offense against a child, the court, upon motion of aparty and for good cause shown, may order that the testimony of any victim orother witness younger than 14 years of age be taken in a room other than the courtroom, and be televised by closed circuit equipment to be viewed by the jury inthe court room. All of the following conditions shall be observed:
(b)(1) Only the judge,attorneys for each party and the testifying child (if any),
(b)(2) Only thejudge and an attorney for each party may question the child.
(b)(3) As much aspossible, persons operating the equipment shall be confined to anadjacent room or behind a screen or mirror so the child cannot see or hearthem.
(b)(4) If the defendantis present with the child during the child's testimony, the court may orderthat persons operating the closed circuit equipment film both the child and thedefendant during the child's testimony, so that the jury may view both thechild and the defendant, if that may be arranged without violating otherrequirements of Subsection (b)(1).
(c) Remoterecording of testimony. In any criminal case concerning a charge ofchild abuse or of a sexual offense against a child, the court may order, uponmotion of a party and for good cause shown, that the testimony of any victim orother witness younger than 14 years of age be taken outside the courtroom andbe recorded. That testimony is admissible as evidence, for viewing in any courtproceeding regarding the charges if the provisions of Subsection (b) areobserved, in addition to the following provisions:
(d) Presence ofchild when recording is used. If the court orders that the testimonyof a child be taken under Subsection (b) or (c), the child may not be requiredto testify in court at any proceeding where the recorded testimony is used.
Effective November 1,2008