SB235 Alabama 2022 Session

Sponsors

Session

Regular Session 2022

Title

Criminal procedure, protected person defined, child under 16 a person with intellectual disability, protected person to be offered protection in criminal prosecutions for physical offenses, sexual offenses, and violent offenses, 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or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.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

<p class="bill_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</p><p class="bill_description"> This bill would provide these additional protections to a victim or a witness who is a protected person</p><p class="bill_description"> This bill would also define child and protected person</p><p class="bill_description"> Under existing law, additional protections are available in cases involving a physical offense, sexual offense, or sexual exploitation of a child</p><p class="bill_description"> This bill would also provide for additional protections in violent offenses</p><p class="bill_description"> This bill would define physical offense, sexual offense, and violent offense</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would also allow out-of-court statements made by a protected person to be admissible as long as certain criteria are met</p><p class="bill_description"> This bill would also make nonsubstantive, technical revisions to update the existing code language to current style</p><p class="bill_entitled_an_act"> Relating to criminal procedure; to amend Sections 15-25-1, 15-25-2, as last amended by Act 2021-373, 2021 Regular Session, 15-25-3, 15-25-5, and 15-25-6, Code of Alabama 1975, to allow a protected person to be offered protections in criminal prosecutions for physical offenses, sexual offenses, and violent offenses; to define a protected person; to define a physical offense, sexual offense, and violent offense; to allow use of anatomically correct dolls or mannequins during testimony of a child under the age of 12 or a protected person; to amend Sections 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, and 15-25-39, Code of Alabama 1975, to allow out-of-court statements to be admissible if the witness is a protected person; to add Section 15-25-7 to the Code of Alabama 1975, to allow leading questions of certain witnesses in a criminal proceeding; to repeal Section 15-25-33, Code of Alabama 1975, relating to expert testimony as to unavailability of a child to testify; to make nonsubstantive, technical revisions to update the existing code language to current style. </p>

Subjects

Criminal Law and Procedure