HB338 Alabama 2020 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

Regular Session 2020

Title

Criminal procedure, to allow a protected person to be offered protection in criminal prosecutions for physical offenses, sexual offenses, and violent offenses, protected person defined, use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.

Summary

HB338 would expand protections for protected persons and child witnesses in Alabama criminal cases by broadening testimony rules, admissibility of statements, and use of aids like anatomically correct dolls, while adding speedy-trial considerations and authorized depositions.

What This Bill Does

The bill defines protected persons and expands protections to them in physical, sexual, and violent offense prosecutions. It allows the use of anatomically correct dolls or mannequins to aid witnesses under 12 or who are protected persons. It broadens the admissibility of out-of-court statements for protected persons and children, and permits videotaped depositions and closed-circuit testimony with specific in-court procedures and protective measures. It also adds leading questions for witnesses under 12 or protected persons when it serves the interests of justice, repeals an existing rule about expert testimony on unavailability, and includes provisions to expedite trials and support services like facility dogs in testimony settings.

Who It Affects

• Protected persons (as defined by the bill, including those with developmental disabilities or similar conditions) who would gain expanded protections in criminal prosecutions, including admissibility of statements, deposition procedures, and testimony accommodations.
• Child witnesses or victims (initially defined as under 16, with special provisions under 12 for leading questions and testimony via special formats) who would benefit from extended use of dolls/mannequins, videotaped depositions, closed-circuit testimony, and expedited trial considerations.

Key Provisions

• Define protected person and physical/sexual/violent offenses, and expand protections to protected persons in prosecutions for those offenses.
• Allow use of anatomically correct dolls or mannequins to assist a witness under age 12 or a protected person during testimony.
• Authorize out-of-court statements by child or protected person to be admissible if they meet criteria for trustworthiness, expanding rules to cover protected persons.
• Permit videotaped video depositions of victims/witnesses under 16 or protected persons, with in-room participants including judge, prosecutors, defense attorney, and supportive persons; cost coverage by the state; and deposition testimony treated as if given in court.
• Allow closed-circuit testimony in certain cases, with similar protections and procedures to deposition, including who may question and how the testimony is presented to the trier of fact.
• Add Section 15-25-7 to permit leading questions for certain witnesses (under 12 or protected persons) if it serves the interests of justice, with limits on scope.
• Repeal Section 15-25-33, removing the current expert testimony rule about unavailability of a child to testify.
• Require the court to consider the well-being of child or protected witnesses when ruling on delays or continuances to minimize hardship.
• Include nonsubstantive technical revisions to update language and establish an effective date (first day of the third month after passage).

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