HB338 Alabama 2020 Session

Sponsors

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or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.

Description

<p class="bill_description"> Under existing law, in a criminal prosecution for a physical or sexual offense there are certain protections offered to victims and witnesses who are under the age of 16 at the time of trial</p><p class="bill_description"> This bill would provide these additional protections to a victim or a witness who is a protected person</p><p class="bill_description"> This bill would also define child and protected person</p><p class="bill_description"> Under existing law, additional protections are available in cases involving a physical offense, sexual offense, or sexual exploitation of a child</p><p class="bill_description"> This bill would also provide for additional protections in violent offenses</p><p class="bill_description"> This bill would define physical offense, sexual offense, and violent offense</p><p class="bill_description"> Under existing law, anatomically correct dolls or mannequins may be used to assist a witness during testimony when the witness is under the age of 10 at the time of the trial</p><p class="bill_description"> This bill would allow the use of anatomically correct dolls or mannequins to be used to assist a witness during testimony when the witness is under the age of 12 or a protected person at the time of the offense</p><p class="bill_description"> Under existing law, out-of-court statements made by a child under the age of 12 may be admitted into evidence as long as certain criteria are met</p><p class="bill_description"> This bill would also allow out-of-court statements made by a protected person to be admissible as long as certain criteria are met</p><p class="bill_description"> This bill would also make nonsubstantive, technical revisions to update the existing code language to current style</p><p class="bill_entitled_an_act"> Relating to criminal procedure; to amend Sections 15-25-1, 15-25-2, 15-25-3, 15-25-5, and 15-25-6, Code of Alabama 1975, to allow a protected person to be offered protections in criminal prosecutions for physical offenses, sexual offenses, and violent offenses; to define a protected person; to define a physical offense, sexual offense, and violent offense; to allow use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person; to amend Sections 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, and 15-25-39, Code of Alabama 1975, to allow out-of-court statements to be admissible if the witness is a protected person; to add Section 15-25-7 to the Code of Alabama 1975, to allow leading questions of certain witnesses in a criminal proceeding; to repeal Section 15-25-33, Code of Alabama 1975, relating to expert testimony as to unavailability of a child to testify; to make nonsubstantive, technical revisions to update the existing code language to current style. </p>

Subjects

Criminal Law and Procedure