HB434 Alabama 2022 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2022

Title

Criminal procedure, victims of human trafficking, video depositions and video testimony authorized

Summary

HB434 lets victims and witnesses of human trafficking provide testimony by video deposition or closed-circuit video in certain criminal cases, with protections and state-covered costs.

What This Bill Does

The bill allows a court to order a video deposition of a trafficking victim or witness for good cause, regardless of age, and to use that deposition in place of live testimony if it wouldn’t unfairly prejudice the defendant. It sets who must be present during the deposition, keeps cross-examination, and requires the state's copy of the deposition to be provided to the defendant’s attorney with a protective order to prevent copying. It also permits the testimony to be shown and heard via closed-circuit video outside the courtroom (e.g., in a judge’s chamber) with the trial still proceeding, including cross-examination under similar rules, and it requires the state to pay related costs. The Supreme Court may adopt rules about how these depositions and transcriptions are handled, and the act becomes effective a few months after passage.

Who It Affects

• Victims and witnesses of human trafficking who may give testimony via video deposition or closed-circuit video, with privacy protections and supportive presence in the room.
• Defendants and the state (district attorneys or the Attorney General), who conduct, respond to, and pay for these proceedings, including timing, access to depositions, cross-examination, and cost responsibilities.

Key Provisions

• Section 1: Allows a court to order a video deposition of a trafficking victim or witness for good cause in criminal prosecutions, with age not a barrier; requires notice to the defendant and specifies who may be present during deposition; deposition can be entered into the record in lieu of live testimony if not unfairly prejudicial; provides protective orders to prevent copying; the state pays deposition costs; and permits court rules to govern procedures.
• Section 2: Allows the court to order that a victim's or witness's testimony be viewed and heard by closed-circuit equipment at trial (outside the courtroom) with conditions; outlines who may be present, how examination proceeds, and that the defendant and jury remain in the courtroom; the state pays costs, and the defendant may have counsel participate or be appointed if unrepresented; includes provisions for communication between counsel during testimony and identification use.
• Section 3: Establishes the act’s 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