AL
Alabama House Bill HB434

Alabama 2022 Regular Session

Alabama House Bill HB434 Compare Versions

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11 1 HB434
2-2 218078-3
2+2 218078-2
33 3 By Representative Coleman
44 4 RFD: Judiciary
55 5 First Read: 02-MAR-22
66
7-Page 0 HB434
8-1
9-2 ENROLLED, An Act,
10-3 Relating to criminal procedure; to authorize the use
11-4 of video depositions by certain victims and witnesses of human
12-5 trafficking under certain conditions; and to authorize the
13-6 giving of testimony by closed circuit video equipment by
14-7 certain victims and witnesses of human trafficking under
15-8 certain conditions.
16-9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17-10 Section 1. (a) In any criminal prosecution under
18-11 Article 8 of Chapter 6 of Title 13A, Code of Alabama 1975, the
19-12 court, upon motion of the district attorney or Attorney
20-13 General, for good cause shown and after notice to the
21-14 defendant, may order the taking of a video deposition of a
22-15 victim of or witness to a crime without regard to the age of
23-16 the victim or witness.
24-17 (b) On any motion for a video deposition of the
25-18 victim or witness, the court shall consider the nature of the
26-19 offense, the nature of testimony that may be expected, and the
27-20 possible effect that the testimony in person at trial may have
28-21 on the victim or witness, along with any other relevant
29-22 matters that may be required by rule of the Supreme Court.
30-23 (c) During the recording of a video deposition
31-24 authorized pursuant to this section, the following persons
32-25 shall be in the room with the victim or witness:
33-Page 1 HB434
34-1 (1) The prosecuting attorney.
35-2 (2) The attorney for the defendant.
36-3 (3) A person whose presence, in the judgment of the
37-4 court, contributes to the well-being of the victim or witness
38-5 and who has dealt with the victim or witness in a therapeutic
39-6 setting regarding the abuse, excluding staff, employees, or
40-7 subcontractors, or experts employed or contracted by the
41-8 prosecution.
42-9 (4) Additional persons, other than the defendant, in
43-10 the discretion of the court.
44-11 (d) Examination and cross-examination of the victim
45-12 or witness shall proceed at the taking of the video deposition
46-13 as though the victim or witness were testifying personally in
47-14 the trial of the case. The state shall provide the attorney
48-15 for the defendant with a copy of the video deposition at a
49-16 suitable and reasonable time prior to the trial of the case.
50-17 The court shall enter a protective order prohibiting the
51-18 attorney for the defendant from copying, reproducing, or
52-19 distributing the video deposition. Objections to the
53-20 introduction into the record of the deposition shall be heard
54-21 by the judge in whose presence the deposition was taken, and
55-22 unless the court determines that its introduction in lieu of
56-23 the victim's or witness's actual appearance as a witness at
57-24 the trial will unfairly prejudice the defendant, the video
58-25 deposition shall be entered into the record by the state in
59-Page 2 HB434
60-1 lieu of the direct testimony of the victim or witness and
61-2 shall be viewed and heard at the trial of the case.
62-3 (e) For the purposes of this section, "video
63-4 deposition" means the recording of video, with sound, of
64-5 witness testimony made under oath to be entered in the record
65-6 in a judicial proceeding.
66-7 (f) The Supreme Court may adopt rules of procedure
67-8 regarding the taking and use of video depositions in criminal
68-9 proceedings and juvenile cases, as well as transcription of
69-10 video depositions in appeals of those cases.
70-11 (g) All costs associated with the recording of a
71-12 deposition ordered pursuant to this section shall be paid by
72-13 the state. The district attorney or Attorney General shall
73-14 submit all related cost bills to the state Comptroller for
74-15 approval and payment from the fund entitled Court Costs Not
75-16 Otherwise Provided For.
76-17 (h) All recordings of video depositions ordered
77-18 pursuant to this section shall be subject to any protective
78-19 order of the court for the purpose of protecting the privacy
79-20 of the victim or witness of the offense.
80-21 (i) When necessary, the operator of the equipment
81-22 used to record video depositions may also be in the room
82-23 during the taking of the deposition and the operator shall
83-24 make every effort to be unobtrusive.
84-Page 3 HB434
85-1 (j) Only the court, the prosecuting attorney, and
86-2 the attorney for the defendant may question the victim or
87-3 witness. During the testimony of the victim or witness, the
88-4 defendant shall be provided access to view the testimony out
89-5 of the presence of the victim or witness and shall be allowed
90-6 to communicate with his or her attorney by any appropriate
91-7 election method.
92-8 (k) In circumstances where a defendant in a
93-9 proceeding has elected to proceed without counsel, the court
94-10 may appoint counsel for the defendant and may order counsel to
95-11 question the victim or witness on behalf of the pro se
96-12 defendant if the court finds that there is a substantial
97-13 likelihood that the victim or witness would experience
98-14 emotional harm if the defendant were allowed to question the
99-15 victim or witness.
100-16 Section 2. (a) In any criminal prosecution under
101-17 Article 8 of Chapter 6 of Title 13A, Code of ALabama 1975, the
102-18 court, on motion of the state or the defendant prior to the
103-19 trial of the case, may order that the testimony of any victim
104-20 of the crime or witness to the crime shall be viewed and heard
105-21 at trial by the court and the finder of fact by closed circuit
106-22 equipment. In ruling on the motion, the court shall take into
107-23 consideration the nature of the offense, the nature of
108-24 testimony that may be expected, and the possible effect that
109-25 the testimony in person at trial may have on the victim or
110-Page 4 HB434
111-1 witness, along with any other relevant matters that may be
112-2 required by Supreme Court rule.
113-3 (b) If the court orders that the victim's or
114-4 witness's testimony in court shall be by closed circuit
115-5 equipment, the testimony shall be taken outside the courtroom
116-6 in the judge's chambers or in another suitable location
117-7 designated by the judge.
118-8 (c) Examination and cross-examination of the victim
119-9 or witness shall proceed as though the victim or witness was
120-10 testifying in the courtroom. The following individuals may be
121-11 present in the room with the victim or witness during his or
122-12 her testimony:
123-13 (1) The prosecuting attorney.
124-14 (2) The attorney of the defendant.
125-15 (3) A person whose presence, in the judgment of the
126-16 court, contributes to the well-being of the victim or witness
127-17 and who has dealt with the victim or witness in a therapeutic
128-18 setting regarding the abuse, excluding staff, employees, or
129-19 subcontractors, or experts employed or contracted by the
130-20 prosecution.
131-21 (4) In the discretion of the court, any additional
132-22 person, including the parent or legal guardian, except the
133-23 defendant.
134-24 (d) All costs incurred by the district attorney or
135-25 Attorney General to make it possible for the court and the
136-Page 5 HB434
137-1 trier of the fact to view the testimony of the victim or
138-2 witness by closed circuit equipment as provided in this
139-3 section shall be paid by the state. The district attorney or
140-4 Attorney General shall submit all bills for costs to the state
141-5 Comptroller for approval and payment from the fund entitled
142-6 Court Costs Not Otherwise Provided For.
143-7 (e) The operators of the closed circuit equipment
144-8 may also be in the room and shall make every effort to be
145-9 unobtrusive.
146-10 (f) Only the court, the prosecuting attorney, and
147-11 the attorney for the defendant may question the victim or
148-12 witness. During the victim's or witness's testimony by closed
149-13 circuit equipment, the defendant, the judge, and the jury
150-14 shall remain in the courtroom. The video feed showing the
151-15 victim or witness shall remain visible to the defendant, the
152-16 judge, and the jury at all times during the testimony and
153-17 cross-examination of the victim or witness.
154-18 (g) The judge and the defendant shall be allowed to
155-19 communicate with the attorneys in the room where the victim or
156-20 witness is testifying by any appropriate electronic method.
157-21 The party making the motion that the testimony shall be by
158-22 closed circuit equipment shall make all necessary arrangements
159-23 regarding the equipment and the operation thereof during the
160-24 course of the proceeding.
161-Page 6 HB434
162-1 (i) This section may not be interpreted to preclude,
163-2 for purposes of identification of a defendant, the presence of
164-3 both the victim or witness and the defendant in the courtroom
165-4 at the same time. The testimony shall be limited to purposes
166-5 of identification only.
167-6 (j) In circumstances where a defendant in a
7+Page 0 1 ENGROSSED
8+2
9+3
10+4 A BILL
11+5 TO BE ENTITLED
12+6 AN ACT
13+7
14+8 Relating to criminal procedure; to authorize the use
15+9 of video depositions by certain victims and witnesses of human
16+10 trafficking under certain conditions; and to authorize the
17+11 giving of testimony by closed circuit video equipment by
18+12 certain victims and witnesses of human trafficking under
19+13 certain conditions.
20+14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21+15 Section 1. (a) In any criminal prosecution under
22+16 Article 8 of Chapter 6 of Title 13A, Code of Alabama 1975, the
23+17 court, upon motion of the district attorney or Attorney
24+18 General, for good cause shown and after notice to the
25+19 defendant, may order the taking of a video deposition of a
26+20 victim of or witness to a crime without regard to the age of
27+21 the victim or witness.
28+22 (b) On any motion for a video deposition of the
29+23 victim or witness, the court shall consider the nature of the
30+24 offense, the nature of testimony that may be expected, and the
31+25 possible effect that the testimony in person at trial may have
32+26 on the victim or witness, along with any other relevant
33+27 matters that may be required by rule of the Supreme Court.
34+Page 1 1 (c) During the recording of a video deposition
35+2 authorized pursuant to this section, the following persons
36+3 shall be in the room with the victim or witness:
37+4 (1) The prosecuting attorney.
38+5 (2) The attorney for the defendant.
39+6 (3) A person whose presence, in the judgment of the
40+7 court, contributes to the well-being of the victim or witness
41+8 and who has dealt with the victim or witness in a therapeutic
42+9 setting regarding the abuse, excluding staff, employees, or
43+10 subcontractors, or experts employed or contracted by the
44+11 prosecution.
45+12 (4) Additional persons, other than the defendant, in
46+13 the discretion of the court.
47+14 (d) Examination and cross-examination of the victim
48+15 or witness shall proceed at the taking of the video deposition
49+16 as though the victim or witness were testifying personally in
50+17 the trial of the case. The state shall provide the attorney
51+18 for the defendant with a copy of the video deposition at a
52+19 suitable and reasonable time prior to the trial of the case.
53+20 The court shall enter a protective order prohibiting the
54+21 attorney for the defendant from copying, reproducing, or
55+22 distributing the video deposition. Objections to the
56+23 introduction into the record of the deposition shall be heard
57+24 by the judge in whose presence the deposition was taken, and
58+25 unless the court determines that its introduction in lieu of
59+26 the victim's or witness's actual appearance as a witness at
60+27 the trial will unfairly prejudice the defendant, the video
61+Page 2 1 deposition shall be entered into the record by the state in
62+2 lieu of the direct testimony of the victim or witness and
63+3 shall be viewed and heard at the trial of the case.
64+4 (e) For the purposes of this section, "video
65+5 deposition" means the recording of video, with sound, of
66+6 witness testimony made under oath to be entered in the record
67+7 in a judicial proceeding.
68+8 (f) The Supreme Court may adopt rules of procedure
69+9 regarding the taking and use of video depositions in criminal
70+10 proceedings and juvenile cases, as well as transcription of
71+11 video depositions in appeals of those cases.
72+12 (g) All costs associated with the recording of a
73+13 deposition ordered pursuant to this section shall be paid by
74+14 the state. The district attorney or Attorney General shall
75+15 submit all related cost bills to the state Comptroller for
76+16 approval and payment from the fund entitled Court Costs Not
77+17 Otherwise Provided For.
78+18 (h) All recordings of video depositions ordered
79+19 pursuant to this section shall be subject to any protective
80+20 order of the court for the purpose of protecting the privacy
81+21 of the victim or witness of the offense.
82+22 (i) When necessary, the operator of the equipment
83+23 used to record video depositions may also be in the room
84+24 during the taking of the deposition and the operator shall
85+25 make every effort to be unobtrusive.
86+26 (j) Only the court, the prosecuting attorney, and
87+27 the attorney for the defendant may question the victim or
88+Page 3 1 witness. During the testimony of the victim or witness, the
89+2 defendant shall be provided access to view the testimony out
90+3 of the presence of the victim or witness and shall be allowed
91+4 to communicate with his or her attorney by any appropriate
92+5 election method.
93+6 (k) In circumstances where a defendant in a
16894 7 proceeding has elected to proceed without counsel, the court
16995 8 may appoint counsel for the defendant and may order counsel to
17096 9 question the victim or witness on behalf of the pro se
17197 10 defendant if the court finds that there is a substantial
17298 11 likelihood that the victim or witness would experience
17399 12 emotional harm if the defendant were allowed to question the
174100 13 victim or witness.
175-14 Section 3. This act shall become effective on the
176-15 first day of the third month following its passage and
177-16 approval by the Governor, or its otherwise becoming law.
178-Page 7 HB434
179-1
101+14 Section 2. (a) In any criminal prosecution under
102+15 Article 8 of Chapter 6 of Title 13A, Code of ALabama 1975, the
103+16 court, on motion of the state or the defendant prior to the
104+17 trial of the case, may order that the testimony of any victim
105+18 of the crime or witness to the crime shall be viewed and heard
106+19 at trial by the court and the finder of fact by closed circuit
107+20 equipment. In ruling on the motion, the court shall take into
108+21 consideration the nature of the offense, the nature of
109+22 testimony that may be expected, and the possible effect that
110+23 the testimony in person at trial may have on the victim or
111+24 witness, along with any other relevant matters that may be
112+25 required by Supreme Court rule.
113+26 (b) If the court orders that the victim's or
114+27 witness's testimony in court shall be by closed circuit
115+Page 4 1 equipment, the testimony shall be taken outside the courtroom
116+2 in the judge's chambers or in another suitable location
117+3 designated by the judge.
118+4 (c) Examination and cross-examination of the victim
119+5 or witness shall proceed as though the victim or witness was
120+6 testifying in the courtroom. The following individuals may be
121+7 present in the room with the victim or witness during his or
122+8 her testimony:
123+9 (1) The prosecuting attorney.
124+10 (2) The attorney of the defendant.
125+11 (3) A person whose presence, in the judgment of the
126+12 court, contributes to the well-being of the victim or witness
127+13 and who has dealt with the victim or witness in a therapeutic
128+14 setting regarding the abuse, excluding staff, employees, or
129+15 subcontractors, or experts employed or contracted by the
130+16 prosecution.
131+17 (4) In the discretion of the court, any additional
132+18 person, including the parent or legal guardian, except the
133+19 defendant.
134+20 (d) All costs incurred by the district attorney or
135+21 Attorney General to make it possible for the court and the
136+22 trier of the fact to view the testimony of the victim or
137+23 witness by closed circuit equipment as provided in this
138+24 section shall be paid by the state. The district attorney or
139+25 Attorney General shall submit all bills for costs to the state
140+26 Comptroller for approval and payment from the fund entitled
141+27 Court Costs Not Otherwise Provided For.
142+Page 5 1 (e) The operators of the closed circuit equipment
143+2 may also be in the room and shall make every effort to be
144+3 unobtrusive.
145+4 (f) Only the court, the prosecuting attorney, and
146+5 the attorney for the defendant may question the victim or
147+6 witness. During the victim's or witness's testimony by closed
148+7 circuit equipment, the defendant, the judge, and the jury
149+8 shall remain in the courtroom. The video feed showing the
150+9 victim or witness shall remain visible to the defendant, the
151+10 judge, and the jury at all times during the testimony and
152+11 cross-examination of the victim or witness.
153+12 (g) The judge and the defendant shall be allowed to
154+13 communicate with the attorneys in the room where the victim or
155+14 witness is testifying by any appropriate electronic method.
156+15 The party making the motion that the testimony shall be by
157+16 closed circuit equipment shall make all necessary arrangements
158+17 regarding the equipment and the operation thereof during the
159+18 course of the proceeding.
160+19 (i) This section may not be interpreted to preclude,
161+20 for purposes of identification of a defendant, the presence of
162+21 both the victim or witness and the defendant in the courtroom
163+22 at the same time. The testimony shall be limited to purposes
164+23 of identification only.
165+24 (j) In circumstances where a defendant in a
166+25 proceeding has elected to proceed without counsel, the court
167+26 may appoint counsel for the defendant and may order counsel to
168+27 question the victim or witness on behalf of the pro se
169+Page 6 1 defendant if the court finds that there is a substantial
170+2 likelihood that the victim or witness would experience
171+3 emotional harm if the defendant were allowed to question the
172+4 victim or witness.
173+5 Section 3. This act shall become effective on the
174+6 first day of the third month following its passage and
175+7 approval by the Governor, or its otherwise becoming law.
176+Page 7 1
180177 2
181-3
182-4
183-Speaker of the House of Representatives
184-
185-5
186-6 President and Presiding Officer of the Senate
187-House of Representatives7
188-I hereby certify that the within Act originated in8
189-9 and was passed by the House 31-MAR-22, as amended.
178+House of Representatives3
179+Read for the first time and re-4
180+5 ferred to the House of Representa-
181+tives committee on Judiciary ......6 .......02-MAR-22
182+ 7
183+Read for the second time and placed8
184+on the calendar....................9 .......30-MAR-22
190185 10
191-11 Jeff Woodard
192-12 Clerk
193-13
186+Read for the third time and passed11
187+as amended.........................12 .......31-MAR-22
188+Yeas 101, Nays 0, Abstains 013
194189 14
195- 15
196-Senate16 07-APR-22 Passed
190+15 Jeff Woodard
191+16 Clerk
197192 17
198193 Page 8