63.2-1521 - Testimony by child using two-way closed-circuit television. - Virginia Statutes

§ 63.2-1521. Testimony by child using two-way closed-circuit television.

A. In any civil proceeding involving alleged abuse or neglect of a childpursuant to this chapter or pursuant to §§ 16.1-241, 16.1-251, 16.1-252,16.1-253, 16.1-283 or § 20-107.2, the child's attorney or guardian ad litemor, if the child has been committed to the custody of a local department, theattorney for the local department may apply for an order from the court thatthe testimony of the alleged victim or of a child witness be taken in a roomoutside the courtroom and be televised by two-way closed-circuit television.The person seeking such order shall apply for the order at least seven daysbefore the trial date.

B. The provisions of this section shall apply to the following:

1. An alleged victim who was fourteen years of age or under on the date ofthe alleged offense and is sixteen or under at the time of the trial; and

2. Any child witness who is fourteen years of age or under at the time of thetrial.

C. The court may order that the testimony of the child be taken byclosed-circuit television as provided in subsections A and B if it finds thatthe child is unavailable to testify in open court in the presence of thedefendant, the jury, the judge, and the public, for any of the followingreasons:

1. The child's persistent refusal to testify despite judicial requests to doso;

2. The child's substantial inability to communicate about the offense; or

3. The substantial likelihood, based upon expert opinion testimony, that thechild will suffer severe emotional trauma from so testifying.

Any ruling on the child's unavailability under this subsection shall besupported by the court with findings on the record or with written findingsin a court not of record.

D. In any proceeding in which closed-circuit television is used to receivetestimony, the attorney for the child and the defendant's attorney and, ifthe child has been committed to the custody of a local board, the attorneyfor the local board shall be present in the room with the child, and thechild shall be subject to direct and cross examination. The only otherpersons allowed to be present in the room with the child during his testimonyshall be the guardian ad litem, those persons necessary to operate theclosed-circuit equipment, and any other person whose presence is determinedby the court to be necessary to the welfare and well-being of the child.

E. The child's testimony shall be transmitted by closed-circuit televisioninto the courtroom for the defendant, jury, judge and public to view. Thedefendant shall be provided with a means of private, contemporaneouscommunication with his attorney during the testimony.

(1988, c. 845, § 63.1-248.13:1; 1999, c. 668; 2002, c. 747.)