HB338 Alabama 2020 Session

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

This bill would provide these additional protections to a victim or a witness who is a protected person

This bill would also define child and protected person

Under existing law, additional protections are available in cases involving a physical offense, sexual offense, or sexual exploitation of a child

This bill would also provide for additional protections in violent offenses

This bill would define physical offense, sexual offense, and violent offense

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

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

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

This bill would also allow out-of-court statements made by a protected person to be admissible as long as certain criteria are met

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Relating to criminal procedure; to amend Sections 15-25-1, 15-25-2, 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 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.