WVC 62 - 6 B- 5
§62-6B-5. Memorialization of statements of certain child
witnesses; admissibility; hearing.
(a) After the effective date of this section, whenever any
law-enforcement officer, physician, psychologist, social worker or
investigator, in the course of his or her employment or profession
or while engaged in an active criminal investigation as a
law-enforcement officer or an agent of a prosecuting attorney,
obtains a statement from a child thirteen years of age or younger
who is an alleged victim in an investigation or prosecution
alleging a violation of the provisions of section three, four, five
or seven, article eight-b, chapter sixty-one of this code, he or
she shall forthwith make a contemporaneous written notation and
recitation of the statement received or obtained. An audio
recording or video recording with sound capability of the statement
may be used in lieu of the written recitation required by the
provisions of this section. Failure to comply with the provisions
of this section creates a presumption that the statement is
inadmissible. The statement may be admitted if, after a hearing on
the matter, the court finds by clear and convincing evidence that
the failure to comply with the provisions of this section was a
good faith omission and that the content of the proffered statement
is an accurate recital of the information provided by the child and
is otherwise admissible.
(b) The provisions of this section shall not apply to:
(1) Persons engaged in investigation pursuant to the provisions of article six or seven, chapter forty-nine of this
(2) Medical personnel and other persons performing a forensic
medical examination of a child who is an alleged victim; and
(3) Prosecuting attorneys when counseling with a child in
preparation for eliciting the child's testimony in court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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