2006 Code of Virginia § 18.2-67.9 - Testimony by child victims and witnesses using two-way closed-circuit television

18.2-67.9. Testimony by child victims and witnesses using two-wayclosed-circuit television.

A. The provisions of this section shall apply to an alleged victim who wasfourteen years of age or under at the time of the alleged offense and issixteen or under at the time of the trial and to a witness who is fourteenyears of age or under at the time of the trial.

In any criminal proceeding, including preliminary hearings, involving analleged offense against a child, relating to a violation of the lawspertaining to kidnapping ( 18.2-47 et seq.), criminal sexual assault (18.2-61 et seq.) or family offenses pursuant to Article 4 ( 18.2-362 etseq.) of Chapter 8 of Title 18.2, or involving an alleged murder of a personof any age, the attorney for the Commonwealth or the defendant may apply foran order from the court that the testimony of the alleged victim or a childwitness be taken in a room outside the courtroom and be televised by two-wayclosed-circuit television. The party seeking such order shall apply for theorder at least seven days before the trial date or at least seven days beforesuch other preliminary proceeding to which the order is to apply.

B. The court may order that the testimony of the child be taken byclosed-circuit television as provided in subsection A if it finds that thechild 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.

C. In any proceeding in which closed-circuit television is used to receivetestimony, the attorney for the Commonwealth and the defendant's attorneyshall be present in the room with the child, and the child shall be subjectto direct and cross-examination. The only other persons allowed to be presentin the room with the child during his testimony shall be those personsnecessary to operate the closed-circuit equipment, and any other person whosepresence is determined by the court to be necessary to the welfare andwell-being of the child.

D. 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.

E. Notwithstanding any other provision of law, none of the cost of thetwo-way closed-circuit television shall be assessed against the defendant.

(1988, c. 846; 1999, c. 668; 2001, c. 410.)