HCS HB 1611 -- CHILDREN'S BILL OF COURTROOM RIGHTS (Dixon)

COMMITTEE OF ORIGIN:  Special Committee on Family Services

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.

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