HCS HB 1611 -- CHILDREN'S BILL OF COURTROOM RIGHTS

SPONSOR:  Franz (Dixon)

COMMITTEE ACTION:  Voted "do pass by consent" by the Special
Committee on Family Services by a vote of 10 to 0.

This substitute establishes a children's bill of courtroom rights
that applies to all children testifying at a judicial proceeding.
In its main provisions, the substitute:

(1)  Assures a child the right to understand the oath
administered in court and requires the court to present the oath
in a developmentally appropriate manner;

(2)  Grants the child the right to understand all questions asked
of him or her;

(3)  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 frequent breaks from testifying;

(4)  Grants the child the right to have a comfort item that is
approved by the court, such as a blanket or stuffed animal, when
testifying;

(5)  Grants the child the right to have a person present during
his or her testimony to provide emotional support.  The support
person must abide by the rules established by the court;

(6)  Requires the child to be questioned in a manner that is
neither intimidating nor frightening which includes disallowing
any attorney from raising his or her voice while questioning the
child or making an argument; and

(7)  Grants the child the right to be comfortable when testifying
by adjusting the courtroom layout, conducting the proceedings
outside of a courtroom, and relaxing the formalities of normal
courtroom proceedings.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that there is a nationwide effort to
implement a children's bill of courtroom rights for child abuse
cases.  Currently, Missouri doesn't have protections for children
while testifying.  The bill assures a child's right to have a
full understanding of a courtroom setting and to have special
considerations made to help them feel comfortable while
testifying.  Many other states provide additional protections for
children including modified oaths, questioning techniques, and
trial schedules; recesses when a child feels stressed; a comfort
item while testifying; and protections against intimidation.  It
is the responsibility of the legal community to promote common
sense changes to provide children the comfort and stability to
testify in child abuse cases.  All counties should abide by the
strategies that are currently being used by many counties to
provide a good balance of allowing a defendant to face their
accuser but giving the child adequate protections from being
intimidated by the defendant, but still retaining the judge's
ability to control the courtroom.

Testifying for the bill were Representative Dixon; Lacy Kendrick;
Heather Trinca, Junior League of Springfield, Missouri; Darrell
Moore; and Barbara Brown, Child Advocacy Center, Incorporated.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm