491.699. Juvenile court hearings--court may order video recording of alleged child victim, when--procedure--cross-examination--counsel appointed for perpetrator, when.

MISSOURI STATUTES AND CODES

491.699. Juvenile court hearings--court may order video recording of alleged child victim, when--procedure--cross-examination--counsel appointed for perpetrator, when.

Juvenile court hearings--court may order video recording of allegedchild victim, when--procedure--cross-examination--counsel appointedfor perpetrator, when.

491.699. 1. Upon the motion of the juvenile officer, thecourt may order that an in-camera videotaped recording of thetestimony of the alleged child victim be made for use assubstantive evidence at a juvenile court hearing held pursuant tothe provisions of chapter 211, RSMo. The provisions of section491.075 relating to the admissibility of statements made by achild under the age of twelve shall apply to proceedings injuvenile court.

2. In determining whether or not to allow such motion, thecourt shall consider the elements of the offense charged and theemotional or psychological trauma to the child if required totestify in open court or to be brought into the personal presenceof the alleged perpetrator. Such recording shall be retained bythe juvenile officer and shall be admissible in lieu of thechild's personal appearance and testimony at juvenile courthearings. A transcript of such testimony shall be made as soonas possible after the completion of such deposition and shall beprovided to all parties to the action.

3. The court shall preside over the depositions, which shallbe conducted in accordance with the rules of evidence applicableto civil cases.

4. In any prosecution under either subdivision (2) or (3) ofsubsection 1 of section 211.031, RSMo, the attorney for thealleged perpetrator shall have at least two opportunities tocross-examine the deposed alleged child victim.

5. Prior to the taking of the deposition which is to be usedas substantive evidence at the hearing pursuant to sections491.696 to 491.705, the attorney for any party to the actionshall be provided with such discoverable materials andinformation as the court may, on motion, direct; shall beafforded a reasonable time to examine such materials; and shallbe permitted to cross-examine the child during the deposition.

6. In any prosecution under either subdivision (2) or (3) ofsubsection 1 of section 211.031, RSMo, if the alleged perpetratoris not represented by counsel and if, upon inquiry, it appears tothe court that he or she will be unable to obtain counsel withina reasonable period of time, the court shall appoint the publicdefender or other counsel to represent the alleged perpetrator atthe deposition.