HB330 Alabama 2021 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2021

Title

Criminal prosecutions, update outdated language in provision pertaining to video depositions in child abuse prosecutions, Sec. 15-25-2 am'd.

Summary

HB330 updates Alabama law to allow videotaped depositions of child victims or witnesses under 16 in certain criminal cases, replacing outdated references and establishing rules for how they are conducted and used at trial.

What This Bill Does

The bill allows a court to order a videotaped deposition for a child under 16 in certain criminal prosecutions if there is good cause. The court considers the child’s age and maturity, the offense, expected testimony, and how appearing in person might affect the child. The deposition is conducted with specific people in the room (prosecutor, defense attorney, and a supportive participant), and others may attend at the court’s discretion. The deposition can be entered into the trial record in place of live testimony unless it would unfairly prejudice the defendant, and the defendant’s attorney must have reasonable access to view it before trial. Only certain parties may question the child, and the defendant may view the testimony out of the child’s presence and communicate with their attorney. The act also sets costs to be paid by the state, allows protective orders to protect privacy, and authorizes the Supreme Court to adopt related procedural rules.

Who It Affects

• Children under 16 who are victims or witnesses, who may have their testimony recorded and protected under this process and who must have their well-being considered during deposition.
• Criminal defendants in cases involving physical or sexual abuse or exploitation of children, who may have the deposition used in place of live testimony and must be allowed to view the deposition before trial and be able to cross-examine via the deposition.

Key Provisions

• Allows a videotaped deposition of a child under 16 when the court, on motion for good cause, orders it.
• Requires the court to consider the child’s age, maturity, offense nature, expected testimony, and impact of in-person testimony.
• Specifies who must be in the deposition room (prosecutor, defense attorney, and a person aiding the child’s well-being) and that others may be allowed at the court’s discretion.
• Permits the deposition to be entered into the trial record in lieu of the child’s direct testimony unless it would unfairly prejudice the defendant; the defendant’s attorney must have reasonable pretrial access to view it.
• Restricts questioning to the court, prosecutor, and defense attorney; allows the defendant to view the testimony outside the child’s presence and communicate with their attorney.
• Defines videotaped deposition and authorizes the Supreme Court to adopt related procedural rules; costs for videotaping are paid by the state; protective orders can shield the child’s privacy.
• Effective date is the first day of the third month after passage and Governor’s approval.

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