SECOND REGULAR SESSION

[PERFECTED]

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1611

94TH GENERAL ASSEMBLY

Reported from the Special Committee on Family Services March 6, 2008 with recommendation that House Committee Substitute for House Bill No. 1611 Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(21)(f).

Reported from the Committee on Rules March 11, 2008 with recommendation that House Committee Substitute for House Bill No. 1611 Do Pass by Consent with no time limit for debate.

Perfected by Consent March 26, 2008.

D. ADAM CRUMBLISS, Chief Clerk

4146L.02P

AN ACT

To amend chapter 491, RSMo, by adding thereto one new section relating to a children's bill of courtroom rights.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 491, RSMo, is amended by adding thereto one new section, to be known as section 491.725, to read as follows:

491.725. 1. As used in this section, the following terms shall mean:

(1) "Child", a person less than eighteen years of age;

(2) "Comfort item", a favorite toy, stuffed animal, blanket, or any other object whose presence helps the child calm himself or herself;

(3) "Support person", an adult who is known to the child and with whom the child feels comfortable.

2. In order to protect children from confusing, even abusive practices while testifying in court, and in order to facilitate testimony that is fair and accurate, the following children's bill of courtroom rights shall apply to all children testifying in court:

(1) A child testifying at a judicial proceeding has the right to understand the oath which is being administered to such child. Whether a competency hearing or a trial itself, any oath that is required of a child shall be administered in a developmentally appropriate manner;

(2) A child testifying at a judicial proceeding has the right to understand all the questions asked of such child. Accordingly, judges and attorneys shall question children in a developmentally and linguistically appropriate manner;

(3) A child has a right to testify at a time of day when such child is best able to understand the questions and otherwise handle the stresses of testifying. Accordingly, courts shall take into consideration nap time, medications, and other factors that influence a child's ability to testify. Upon its own motion or upon the motion of a party, a court may order the court testimony of a child to be limited in duration or include frequent breaks in accordance with the developmental maturity of the child;

(4) A child testifying at or attending a judicial proceeding has a right to a comfort item. The court, at its discretion, may place limitations on the size or type of comfort item;

(5) A child testifying at or attending a judicial proceeding has a right to the presence of a person to provide emotional support to the child. The court, at its discretion, may allow the support person to remain in close physical proximity to or in contact with the child while the child testifies, provided such person shall not obscure the child from the view of the defendant or the trier of fact. A support person shall not provide the child with an answer to any question directed to the child during the course of the child's testimony or otherwise prompt the child;

(6) A child testifying at a judicial proceeding has a right to be questioned in a manner that is neither intimidating nor frightening. Accordingly, the court shall instruct counsel to not raise his or her voice when questioning a child or presenting argument or otherwise engage in conduct that a child may interpret as an angry confrontation; and

(7) A child testifying at a judicial proceeding has a right to be comfortable when testifying. Accordingly, upon its own motion or the motion of a party, the court may make reasonable accommodations to ensure the comfort of the child witness, such as the following measures:

(a) Adjusting the layout of the courtroom;

(b) Conducting the proceedings outside the normal courtroom; or

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