HCS HB 863 -- CHILD WITNESS PROTECTION ACT (Dixon)

COMMITTEE OF ORIGIN:  Special Committee on Children and Families

This substitute establishes the Child Witness Protection Act that
applies to children 17 years of age or younger who are testifying
in any judicial proceeding.  In its main provisions, the
substitute:

(1)  Requires the court to ensure that the oath be given to a
child in a manner that the child may fully understand his or her
duty to tell the truth, that questions are stated in a form which
is appropriate for the age of the child, and that questions are
explained to the child if necessary in order for him or her to
understand;

(2)  Requires the court to allow the child to testify at a time
of day when the child is best able to understand the questions
asked of him or her and to allow testimony to be in limited
duration;

(3)  Allows the child when testifying to have a comfort item,
upon motion and if all parties agree, such as a toy, blanket, or
similar item;

(4)  Allows the child to have a support person present and in
close proximity during his or her testimony to provide emotional
support, upon motion and if all parties agree.  The support
person must abide by the rules established by the court;

(5)  Requires the court to prevent intimidation or harassment of
the child by the parties or attorneys; and

(6)  Allows the court to order comfortable accommodations for the
child which can include adjusting the courtroom layout,
conducting the proceedings outside of a courtroom, or relaxing
the formalities of the proceedings.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am