HB75 Alabama 2020 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2020

Title

Criminal prosecutions, update outdated language in provision pertaining to video depositions in child abuse prosecutions, Sec. 15-25-2 am'd.

Summary

HB 75 updates Alabama’s law to replace outdated references to videotape with modern language for video depositions in child abuse cases, clarifying how these depositions are taken and used in court.

What This Bill Does

The bill updates Section 15-25-2 to remove references to videotape and use modern terms for recording video depositions of minors under 16 in criminal prosecutions for physical or sexual abuse or exploitation. It preserves the process: a court can order a video deposition for good cause, with considerations of the child’s age, maturity, and the nature of the case, and questions proceed as if the child were testifying in court. It sets who must be present during the deposition, how the deposition is reviewed before trial, and that the deposition can be admitted into the record unless it would unfairly prejudice the defendant, while also protecting the child’s privacy. It states costs of the deposition are paid by the state and lets the Supreme Court set procedural rules for these depositions, with the act taking effect after a defined date.

Who It Affects

• Victims under age 16 and other child witnesses: may have their testimony recorded as a video deposition to reduce the stress of appearing in court, with privacy protections and supportive personnel in the room.
• Prosecutors, defense attorneys, and the court (state actors): retain access to the deposition for preparation and trial, with costs paid by the state and the option for protective orders; the defense can view the deposition beforehand and communicate with counsel during the process.

Key Provisions

• The act removes references to videotape by updating terminology to video depositions for minors under 16 in criminal cases.
• A court may order a videotaped video deposition for good cause, upon motion by the district attorney or Attorney General, with notice to the defendant.
• Factors for granting the deposition include the child’s age and maturity, offense nature, anticipated testimony, and potential impact of in-person testimony.
• During the deposition, the prosecutor, defense attorney, and a supportive person with therapeutic involvement with the child must be present; parents or guardians may be admitted at the court’s discretion.
• Examination proceeds as if the child were testifying in court; the defense has reasonable access to view before trial; the deposition can be entered into the record in place of direct testimony unless it would unfairly prejudice the defendant.
• The definition of a videotaped video deposition and the possibility for the Supreme Court to adopt rules governing the procedure and transcription for appeals.
• All costs of videotaping are paid by the state, with billing and payment handled through the state Comptroller.
• Video depositions are protected by court orders to safeguard the victim’s privacy; the deposition process aims to be unobtrusive, with limited in-room participants.
• Only the court, the prosecuting attorney, and the defense attorney may question the child; the defendant can view the testimony outside the child’s presence and may communicate with counsel.
• The section does not apply if the defendant is representing themselves (pro se).
• The act becomes effective on the first day of the third month after passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure