HB438 Alabama 2022 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2022

Title

Criminal procedure, Human trafficking, victims and witnesses authorized to give video depositions using video equipment, Sec. 15-25-2 am'd.

Summary

HB438 would let prosecutors take video depositions of human trafficking victims or witnesses outside the defendant's presence, regardless of the victim's age, in certain criminal cases.

What This Bill Does

The bill amends the criminal procedure rules to authorize video depositions of human trafficking victims or witnesses without regard to age, when good cause is shown and the defendant is given notice. It sets conditions for how the deposition is conducted, who must be present, and how the deposition can be used in court. It also specifies cost coverage by the state, privacy protections, and the role of the courts in regulating these depositions.

Who It Affects

• Victims or witnesses of human trafficking: may have their deposition recorded by video outside the defendant's presence, regardless of age, with protective measures in place.
• Defendants in these prosecutions and the legal process (prosecutors, defense attorneys, and the court): must follow the specified deposition procedures, are allowed to view the deposition before trial, and the state pays the recording costs; privacy protections and procedural rules apply.

Key Provisions

• Amends Section 15-25-2 to authorize video depositions of human trafficking victims/witnesses under Article 8 of Chapter 6 of Title 13A, without regard to age.
• Requires good cause shown and notice to the defendant; court may order video deposition outside the defendant's presence.
• During deposition: prosecuting attorney, defendant's attorney, and a person who has therapeutic contact with the victim/witness must be present; additional persons may be admitted by the court.
• Examination proceeds as if the witness were testifying in person; the state must provide access for the defense to view the deposition prior to trial; deposition can be entered into the record in lieu of direct testimony unless it would unfairly prejudice the defendant.
• Costs of recording are paid by the state; protective orders may limit disclosure to protect privacy; the deposition may require an operator to be present and unobtrusive.
• Only the court, the prosecuting attorney, and the defendant's attorney may question the witness; the defendant may view testimony out of the presence of the witness and communicate with counsel by election method.
• This section does not apply if the defendant is an attorney pro se.
• Effective date: the act takes effect on the first day of the third month after passage and 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