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      38-1657.   Recorded statement of child victim admissible in certain cases; limitations. (a) In any proceeding pursuant to the Kansas juvenile justice code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:

      (1)   The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;

      (2)   no attorney for any party is present when the statement is made;

      (3)   the recording is both visual and aural and is recorded on film or videotape or by other electronic means;

      (4)   the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;

      (5)   the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;

      (6)   every voice on the recording is identified;

      (7)   the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party;

      (8)   each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and

      (9)   the child is available to testify.

      (b)   If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-1658, and amendments thereto.

      (c)   This section shall be part of and supplemental to the Kansas juvenile justice code.

      History:   L. 1986, ch. 119, § 5; L. 1996, ch. 229, § 77; July 1, 1997