Floor Book Memo

TO:W. Richard Staton
FROM:Liz Johnson
SUBJECT:Com. Sub. For H. B. 2273
DATE:March 10, 1997

The committee substitute:
(1) Eliminates section 1 on legislative findings.
(2) Narrows the definition of child witness to one who is under the age of twelve and who is an alleged victim of abuse or of a sexual offense. (Definition in green bill is "a person thirteen years of age or less who is or will be called to testify in a criminal proceeding concerning an offense that is the subject of a criminal proceeding." Committee substitute definition is "a person under the age of twelve who is an alleged victim of abuse or of a sexual offense and who is or will be called to testify in a criminal proceeding concerning that abuse or that offense.")
(3) Provides a "clear and convincing evidence" standard of proof for the requisite findings of fact in section 2.
(4) In section 2(b)(5), adds "to assure the truthfulness of the testimony of the child witness and" after the word "necessary."
(5) In section 3(b)(1), changed "nonwitness whose presence the court finds would contribute to the child's ability to testify truthfully" to "neutral nonwitness whose presence the court finds would materially contribute to the child's ability to testify."
(6) In section (b)(2), for clarification, adds the sentence, "The defendant may elect whether his or her attorney will remain in the courtroom or go to the testimonial room with the defendant" before the sentence, "In the event the defendant elects that his or her attorney remain in the courtroom while the defendant is in the testimonial room, the court shall provide electronic means for the defendant and his or her attorney to confer confidentially during the taking of the testimony."
(7) Adds the words "or an assistant prosecuting attorney" after "prosecuting attorney" wherever p"prosecuting attorney" appears throughout the bill.