HB233 Alabama 2021 Session

Summary

Primary Sponsor

Matt Simpson Representative

Republican

Session

Regular Session 2021

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mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.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

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.

This bill would provide these additional protections to a victim or a witness who is a protected person.

This bill would also define child and protected person.

Under existing law, additional protections are available in cases involving a physical offense, sexual offense, or sexual exploitation of a child.

This bill would also provide for additional protections in violent offenses.

This bill would define physical offense, sexual offense, and violent offense.

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.

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.

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.

This bill would also allow out-of-court statements made by a protected person to be admissible as long as certain criteria are met.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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Subjects

Criminal Law and Procedure