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Rule 29A. Visual Recordingof Statement or Testimony of Child Victim or Witness or Sexual or PhysicalAbuse--Conditions of Admissibility

?(a) In any delinquency proceeding orproceeding under Title 80, Chapter 6, Part 5, Transfer to District Court concerninga charge of child abuse or of a sexual offense against a child, the oralstatement of a victim or other witness younger than 14 years of age that wasrecorded prior to the filing of a petition is, upon motion and for good causeshown, admissible as evidence in any court proceeding regarding the offense ifall of the following conditions are met:

(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 the minorhad a previous opportunity to cross-examine the child concerning the recordedstatement, such that the minor's rights of confrontation are not violated;

(2) no attorney foreither party is in the child's presence when the statement is recorded;

(3) the recordingis visual and aural and is recorded on film or videotape or by other electronicmeans;

(4) the recordingis accurate and has not been altered;

(5) each voice inthe recording is identified;

(6) the personconducting the interview of the child in the recording is present at theproceeding and is available to testify and be cross-examined by either party;

(7) the minor andthe minor's attorney are provided an opportunity to view the recording beforeit is shown to the court; and

(8) the court viewsthe recording and determines that it is sufficiently reliable and trustworthyand that the interest of justice will best be served by admission of thestatement into evidence.

(b)In any delinquency proceeding or proceeding under ?Title 80, Chapter 6, Part 5,Transfer to District Court concerning a charge of child abuse or of a sexualoffense against a child, the court upon motion of a party and for good causeshown, may order that the testimony of any victim or other witness younger than14 years of age be taken in a room other than the courtroom. All of thefollowing conditions shall be observed:

(1) Only the judge,attorneys for each party, the testifying child (if any), persons necessary tooperate equipment, and a counselor or therapist whose presence contributes tothe welfare and emotional well-being of the child may be in the room during thechild's testimony. The minor who consents to be hidden from the child's viewmay also be present unless, the court determines that the child will sufferserious emotional or mental strain if required to testify in the minor'spresence, or that the child's testimony will be inherently unreliable ifrequired to testify in the minor's presence. If the court makes thatdetermination, or if the minor consents:

(A) the minor maynot be present during the child's testimony;

(B) the court shallensure that the child cannot hear or see the minor;

(C) the court shalladvise the child prior to testifying that the minor is present at the trial andmay listen to the child's testimony;

(D) the minor shallbe permitted to observe and hear the child's testimony, and the court shallensure that the minor has a means of two-way telephonic communication withdefense counsel during the child's testimony; and

(E) the conditionsof a normal court proceeding shall be approximated as nearly as possible.

(2)Only the judge and attorneys may question the child.

(3)As much as possible, persons operating equipment shall be confined to anadjacent room or behind a screen or mirror so the child cannot see or hearthem.

(4)If the minor is present with the child during the child's testimony, the courtmay order that persons operating the closed circuit equipment film both thechild and the minor during the child's testimony, so that the court may viewboth the child and the minor, if that may be arranged without violating otherrequirements of Subsection (b)(1).

(c)In any delinquency proceeding or proceeding under ?Title 80, Chapter 6, Part 5,Transfer to District Court concerning a charge of child abuse or of a sexualoffense against a child, the court may order, upon motion of a party and forgood cause shown, that the testimony of any victim or other witness youngerthan 14 years of age be taken outside the courtroom and be recorded. Thattestimony is admissible as evidence, for viewing in any court proceedingregarding the charges if the provisions of Subsection (b) are observed, inaddition to the following provisions:

(1) the recordingis both visual and aural and recorded on film or videotape or by otherelectronic means;

(2) the recordingis accurate and is not altered;

(3) each voice onthe recording is identified; and

(4) each party isgiven an opportunity to view the recording before it is shown in the courtroom.

(d)If the court orders that the testimony of a child be taken under Subsection (b)or (c), the child may not be required to testify in court at any proceedingwhere the recorded testimony is used.

Effective September 1,2021