HB233 Alabama 2021 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

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mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.

Summary

HB233 expands protections for child and protected witnesses in Alabama criminal cases by broadening testimony options, admissibility rules, and protections for physical, sexual, and violent offenses.

What This Bill Does

The bill defines 'child' and 'protected person' and expands protections to include witnesses who are protected persons in addition to children under 16. It allows use of anatomically correct dolls or mannequins for witnesses under 12 or protected persons, and permits out-of-court statements by these witnesses to be admitted if certain criteria are met, including via videotaped depositions or closed-circuit testimony. It creates new authority to ask leading questions in certain cases (including a new section) and repeals an existing expert testimony rule related to unavailability of a child to testify, while also emphasizing quicker trials and state funding for deposition costs.

Who It Affects

• Victims or witnesses who are children under 16 or protected persons, who gain expanded testimony options (dolls, videotaped depositions, admissible out-of-court statements) and enhanced protections.
• Judges, prosecutors, defense attorneys, and court staff who implement the new rules on leading questions, depositions, admissibility of statements, and related protections (including cost procedures).

Key Provisions

• Defines protected person and expands the set of offenses considered under physical, sexual, and violent offenses for the purposes of protections.
• Allows use of anatomically correct dolls or mannequins for witnesses under age 12 or protected persons to assist testimony.
• Allows out-of-court statements by child witnesses under 12 or protected persons to be admissible if criteria in the statute are met, including via videotaped depositions or closed-circuit testimony.
• Adds Section 15-25-7 to permit leading questions for certain witnesses (under 12 or protected persons) if it furthers the interests of justice, with court-imposed limits.
• Authorizes videotaped video depositions for victims or witnesses under 16 or protected persons, with conditions for examination, cross-examination, and protective orders.
• Repeals Section 15-25-33, which related to expert testimony about unavailability of a child to testify.
• Requires speedy trial considerations for child or protected witness cases and states that costs for depositions are paid by the state.
• Makes nonsubstantive, technical revisions to update language to current style.

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