HCS HB 863 -- CHILD WITNESS PROTECTION ACT

This bill establishes the Child Witness Protection Act regarding
certain children 17 years of age or younger who are testifying in
specified judicial proceedings.  In its main provisions, the
bill:

(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)  Allows the court at its discretion to limit in duration or
limit to normal school hours the taking of testimony of the
child;

(3)  Allows the child when testifying to have a comfort item,
such as a toy, blanket, or similar item, upon a motion at least
30 days in advance of the judicial proceeding and if all parties
agree or under specified court findings;

(4)  Allows the child to have a support person present and in
close proximity during his or her testimony to provide emotional
support upon a motion at least 30 days in advance of the judicial
proceeding and if all parties agree or under specified court
findings.  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 their attorneys; and

(6)  Allows the court, upon its own motion or the motion of any
party at least 30 days in advance of the judicial proceeding, 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.

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