Alabama 2022 Regular Session

Alabama Senate Bill SB235 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB235
2	2	2 215888-2
3	3	3 By Senator Figures
4	4	4 RFD: Judiciary
5	5	5 First Read: 17-FEB-22
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7	7	Page 0 1 215888-2:n:12/21/2021:CNB/bm LSA2021-2561R1
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13	13	7
14	14	8 SYNOPSIS: Under existing law, in a criminal
15	15	9 prosecution for a physical or sexual offense there
16	16	10 are certain protections offered to victims and
17	17	11 witnesses who are under the age of 16 at the time
18	18	12 of trial.
19	19	13 This bill would provide these additional
20	20	14 protections to a victim or a witness who is a
21	21	15 protected person.
22	22	16 This bill would also define child and
23	23	17 protected person.
24	24	18 Under existing law, additional protections
25	25	19 are available in cases involving a physical
26	26	20 offense, sexual offense, or sexual exploitation of
27	27	21 a child.
28	28	22 This bill would also provide for additional
29	29	23 protections in violent offenses.
30	30	24 This bill would define physical offense,
31	31	25 sexual offense, and violent offense.
32	32	26 Under existing law, anatomically correct
33	33	27 dolls or mannequins may be used to assist a witness
34	34	Page 1 1 during testimony when the witness is under the age
35	35	2 of 10 at the time of the trial.
36	36	3 This bill would allow the use of
37	37	4 anatomically correct dolls or mannequins to be used
38	38	5 to assist a witness during testimony when the
39	39	6 witness is under the age of 12 or a protected
40	40	7 person at the time of the offense.
41	41	8 Under existing law, out-of-court statements
42	42	9 made by a child under the age of 12 may be admitted
43	43	10 into evidence as long as certain criteria are met.
44	44	11 This bill would also allow out-of-court
45	45	12 statements made by a protected person to be
46	46	13 admissible as long as certain criteria are met.
47	47	14 This bill would also make nonsubstantive,
48	48	15 technical revisions to update the existing code
49	49	16 language to current style.
50	50	17
51	51	18 A BILL
52	52	19 TO BE ENTITLED
53	53	20 AN ACT
54	54	21
55	55	22 Relating to criminal procedure; to amend Sections
56	56	23 15-25-1, 15-25-2, as last amended by Act 2021-373, 2021
57	57	24 Regular Session, 15-25-3, 15-25-5, and 15-25-6, Code of
58	58	25 Alabama 1975, to allow a protected person to be offered
59	59	26 protections in criminal prosecutions for physical offenses,
60	60	27 sexual offenses, and violent offenses; to define a protected
61	61	Page 2 1 person; to define a physical offense, sexual offense, and
62	62	2 violent offense; to allow use of anatomically correct dolls or
63	63	3 mannequins during testimony of a child under the age of 12 or
64	64	4 a protected person; to amend Sections 15-25-30, 15-25-31,
65	65	5 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, and
66	66	6 15-25-39, Code of Alabama 1975, to allow out-of-court
67	67	7 statements to be admissible if the witness is a protected
68	68	8 person; to add Section 15-25-7 to the Code of Alabama 1975, to
69	69	9 allow leading questions of certain witnesses in a criminal
70	70	10 proceeding; to repeal Section 15-25-33, Code of Alabama 1975,
71	71	11 relating to expert testimony as to unavailability of a child
72	72	12 to testify; to make nonsubstantive, technical revisions to
73	73	13 update the existing code language to current style.
74	74	14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75	75	15 Section 1. Sections 15-25-1, 15-25-2, as last
76	76	16 amended by Act 2021-373, 2021 Regular Session, 15-25-3,
77	77	17 15-25-5, and 15-25-6, Code of Alabama 1975, are amended to
78	78	18 read as follows:
79	79	19 "§15-25-1.
80	80	20 "(a) This article shall apply to In any criminal
81	81	21 prosecution for a physical offense or a sexual offense
82	82	22 wherein, or a violent offense where the alleged victim or
83	83	23 witness is a child under the age of 16 years and in any
84	84	24 criminal prosecution involving the sexual exploitation of a
85	85	25 child under the age of 16, the court may allow leading
86	86	26 questions at trial by the prosecution or defense of any victim
87	87	27 or witness in a case who is under the age of 10, if the court
88	88	Page 3 1 determines that the allowance of leading questions will
89	89	2 further the interests of justice. The court may on motion of
90	90	3 the prosecution or the defense, or on its own motion, limit
91	91	4 the scope and extent of any leading questions or a protected
92	92	5 person.
93	93	6 "(b) For the purposes of this article, a "physical
94	94	7 offense, a sexual offense, or a violent offense," is defined
95	95	8 to include all of the following crimes:
96	96	9 "(1) A sex offense as provided in Section 15-20A-5.
97	97	10 "(2) A violent offense as provided in Section
98	98	11 12-25-32.
99	99	12 "(3) Aggravated child abuse as provided in Section
100	100	13 26-15-3.1.
101	101	14 "(4) Assault in any degree.
102	102	15 "(5) Any offense involving domestic violence, elder
103	103	16 abuse, or a violation of a protection order.
104	104	17 "(6) Any attempt to commit any of the offenses
105	105	18 listed in subdivisions (1) to (5), inclusive.
106	106	19 "(c) For the purposes of this article, "child" means
107	107	20 a person who is under the age of 16 years at the time of
108	108	21 trial.
109	109	22 "(d) For the purposes of this article, "protected
110	110	23 person" means a person who has a developmental disability
111	111	24 attributable to an intellectual disability, autism, cerebral
112	112	25 palsy, epilepsy, or other disabling neurological condition
113	113	26 that requires training or support similar to that required by
114	114	Page 4 1 a person with an intellectual disability, if any of the
115	115	2 following apply:
116	116	3 "(1) The disability originates before the person
117	117	4 attains 22 years of age, the disability can be expected to
118	118	5 continue indefinitely, and the disability constitutes a
119	119	6 substantial handicap to the ability of the person to function
120	120	7 in society.
121	121	8 "(2) If the disability is attributable to an
122	122	9 intellectual disability, the condition is manifested before
123	123	10 the person attains 18 years of age, the disability can be
124	124	11 expected to continue indefinitely, and the disability
125	125	12 constitutes a substantial handicap to the ability of the
126	126	13 person to function in society.
127	127	14 "(3) The disability results in significant
128	128	15 subaverage intellectual functioning with concurrent deficits
129	129	16 in adaptive behavior that are manifested during the
130	130	17 developmental period.
131	131	18 "§15-25-2.
132	132	19 "(a) In any criminal prosecution referred to in
133	133	20 Section 15-25-1, the court, upon motion of the district
134	134	21 attorney or Attorney General, for good cause shown and after
135	135	22 notice to the defendant, may order the taking of a video
136	136	23 deposition of an alleged victim of or witness to the crime who
137	137	24 is under the age of 16 a child or a protected person at the
138	138	25 time of the order.
139	139	26 "(b) On any motion for a video deposition of the
140	140	27 victim or a witness, the court shall consider the age and
141	141	Page 5 1 maturity of the child, the nature of the offense, the nature
142	142	2 of testimony that may be expected, and the possible effect
143	143	3 that the testimony in person at trial may have on the victim
144	144	4 or witness, along with any other relevant matters that may be
145	145	5 required by Supreme Court rule.
146	146	6 "(c) During the recording of a video deposition
147	147	7 authorized pursuant to this section, the following persons
148	148	8 shall be in the room with the child or the protected person:
149	149	9 "(1) The prosecuting attorney, the.
150	150	10 "(2) The attorney for the defendant, and a.
151	151	11 "(3) A person whose presence, in the judgment of the
152	152	12 court, contributes to the well-being of the child or protected
153	153	13 person and who has dealt with the child or the protected
154	154	14 person in a therapeutic setting regarding the abuse.
155	155	15 "(4) Additional persons, other than the defendant,
156	156	16 may be admitted into the room in the discretion of the court.
157	157	17 "(d) Examination and cross-examination of the
158	158	18 alleged victim or witness shall proceed at the taking of the
159	159	19 video deposition as though the alleged victim or witness were
160	160	20 testifying personally in the trial of the case. The state
161	161	21 shall provide the attorney for the defendant with reasonable
162	162	22 access and means to view and hear a copy of the video
163	163	23 deposition at a suitable and reasonable time prior to the
164	164	24 trial of the case. The court shall enter a protective order
165	165	25 prohibiting the attorney for the defendant from copying,
166	166	26 reproducing, or distributing the video deposition. Objections
167	167	27 to the introduction into the record of the deposition shall be
168	168	Page 6 1 heard by the judge in whose presence the deposition was taken,
169	169	2 and unless the court determines that its introduction in lieu
170	170	3 of the victim's or witness's actual appearance as a witness at
171	171	4 the trial will unfairly prejudice the defendant, the video
172	172	5 deposition shall be entered into the record by the state in
173	173	6 lieu of the direct testimony of the alleged victim or witness
174	174	7 and shall be viewed and heard at the trial of the case.
175	175	8 "(e) For the purposes of this section, "video
176	176	9 deposition" means the recording of video, with sound, of
177	177	10 witness testimony made under oath to be entered in the record
178	178	11 in a judicial proceeding.
179	179	12 "(f) The Supreme Court may adopt rules of procedure
180	180	13 regarding the taking and use of video depositions in criminal
181	181	14 proceedings and juvenile cases, as well as transcription of
182	182	15 video depositions in appeals of those cases.
183	183	16 "(g) All costs associated with the recording of a
184	184	17 deposition ordered pursuant to this article shall be paid by
185	185	18 the state. The district attorney shall submit all related cost
186	186	19 bills to the state Comptroller for approval and payment from
187	187	20 the fund entitled Court Costs Not Otherwise Provided For.
188	188	21 "(h) All recordings of video depositions ordered
189	189	22 pursuant to this article shall be subject to any protective
190	190	23 order of the court for the purpose of protecting the privacy
191	191	24 of the victim of the offense.
192	192	25 "(i) When necessary, the operator of the equipment
193	193	26 used to record video depositions may also be in the room
194	194	Page 7 1 during the taking of the deposition and the operator shall
195	195	2 make every effort to be unobtrusive.
196	196	3 "(j) Only the court, the prosecuting attorney, and
197	197	4 the attorney for the defendant may question the child victim
198	198	5 or witness. During the testimony of the child or protected
199	199	6 person, the defendant shall be provided access to view the
200	200	7 testimony out of the presence of the child or protected person
201	201	8 and shall be allowed to communicate with his or her attorney
202	202	9 by any appropriate election method.
203	203	10 "(k) This section shall not apply when the defendant
204	204	11 is an attorney pro se In circumstances where a defendant in a
205	205	12 proceeding has elected to proceed without counsel, the court
206	206	13 may appoint counsel for the defendant and may order counsel to
207	207	14 question a child or a protected person on behalf of the pro se
208	208	15 defendant if the court finds that there is substantial
209	209	16 likelihood that the child or protected person would experience
210	210	17 emotional harm if the defendant were allowed to question the
211	211	18 child or protected person.
212	212	19 "§15-25-3.
213	213	20 "(a) In those criminal prosecutions set out in
214	214	21 Section 15-25-1, the court, on motion of the state or the
215	215	22 defendant prior to the trial of the case, may order that the
216	216	23 testimony of any alleged victim of the crime or a witness
217	217	24 thereto to the crime who is under the age of 16 a child or
218	218	25 protected person at the time of the order shall be viewed and
219	219	26 heard at trial by the court and the finder of fact by closed
220	220	27 circuit equipment. In ruling on the motion the court shall
221	221	Page 8 1 take into consideration those matters set out in Section
222	222	2 15-25-2 the nature of the offense, the nature of the testimony
223	223	3 that may be expected, and the possible effect that the
224	224	4 testimony in person at trial may have on the victim or
225	225	5 witness, along with any other relevant matters that may be
226	226	6 required by Supreme Court rule.
227	227	7 "(b) If the court orders that the victim's or
228	228	8 witness's testimony in court shall be by closed circuit
229	229	9 equipment, the testimony shall be taken outside the courtroom
230	230	10 in the judge's chambers or in another suitable location
231	231	11 designated by the judge.
232	232	12 "(c) Examination and cross-examination of the
233	233	13 alleged child victim or witness shall proceed as though he or
234	234	14 she were testifying in the courtroom. Present in the room with
235	235	15 the child or the protected person during his or her testimony
236	236	16 shall be the any of the following:
237	237	17 "(1) The prosecuting attorney, the.
238	238	18 "(2) The attorney of the defendant, and a.
239	239	19 "(3) A person whose presence, in the judgment of the
240	240	20 court, contributes to the well-being of the child or protected
241	241	21 person and who has dealt with the child or protected person in
242	242	22 a therapeutic setting regarding the abuse.
243	243	23 "(4) Additional persons, such as the parent or
244	244	24 parents or legal guardian, except the defendant, may be
245	245	25 admitted into the room in the discretion of the court.
246	246	26 "(d) All costs incurred by the district attorney to
247	247	27 make it possible for the court and the trier of the fact to
248	248	Page 9 1 view the testimony of the victim or witness by closed circuit
249	249	2 equipment as provided in this article shall be paid by the
250	250	3 state. The district attorney shall submit all bills for costs
251	251	4 to the state Comptroller for approval and payment from the
252	252	5 fund entitled Court Costs Not Otherwise Provided For.
253	253	6 "(e) Notwithstanding any other provision of law or
254	254	7 rule of evidence, a child or protected person victim of a
255	255	8 physical offense, sexual offense, or sexual exploitation
256	256	9 violent offense, shall be considered a competent witness and
257	257	10 shall be allowed to testify without prior qualification in any
258	258	11 judicial proceeding. The trier of fact shall be permitted to
259	259	12 determine the weight and credibility to be given to the
260	260	13 testimony. The court may also allow leading questions of the
261	261	14 child witnesses or protected person victim or witness in the
262	262	15 interest of justice.
263	263	16 "(f) The operators of the closed circuit equipment
264	264	17 may also be in the room and shall make every effort to be
265	265	18 unobtrusive.
266	266	19 "(g) Only the court, the prosecuting attorney, and
267	267	20 the attorney for the defendant may question the child or
268	268	21 protected person. During the child's testimony by closed
269	269	22 circuit equipment, the defendant, the judge, and the jury
270	270	23 shall remain in the courtroom. The video feed showing the
271	271	24 child or protected person shall remain visible to the
272	272	25 defendant, the judge, and the jury at all times during the
273	273	26 testimony and cross-examination of the child victim or witness
274	274	27 or protected person.
275	275	Page 10 1 "(h) The judge and the defendant shall be allowed to
276	276	2 communicate with the attorneys in the room where the child or
277	277	3 protected person is testifying by any appropriate electronic
278	278	4 method. The party making the motion that the testimony shall
279	279	5 be by closed circuit equipment shall make all necessary
280	280	6 arrangements regarding the equipment and the operation thereof
281	281	7 during the course of the proceeding.
282	282	8 "(i) This section may not be interpreted to
283	283	9 preclude, for purposes of identification of a defendant, the
284	284	10 presence of both the victim and the defendant in the courtroom
285	285	11 at the same time. The testimony shall be limited to purposes
286	286	12 of identification only.
287	287	13 "(j) The provisions of this section shall not apply
288	288	14 if the defendant is not represented by an attorney In
289	289	15 circumstances where a defendant in a proceeding has elected to
290	290	16 proceed without counsel, the court may appoint counsel for the
291	291	17 defendant and may order counsel to question a child or a
292	292	18 protected person on behalf of the pro se defendant if the
293	293	19 court finds that there is substantial likelihood that the
294	294	20 child or protected person would experience emotional harm if
295	295	21 the defendant were allowed to question the child or protected
296	296	22 person.
297	297	23 "§15-25-5.
298	298	24 "In any criminal proceeding and juvenile cases
299	299	25 wherein where the defendant is alleged to have had unlawful
300	300	26 sexual contact or penetration with or on with a child or a
301	301	27 protected person, the court shall permit the use of
302	302	Page 11 1 anatomically correct dolls or mannequins to assist an alleged
303	303	2 victim or witness who is under the age of 10 12 at the time of
304	304	3 trial, or who is a protected person, in testifying on direct
305	305	4 and cross-examination at trial, or in a videotaped video
306	306	5 deposition as provided in this article.
307	307	6 "§15-25-6.
308	308	7 "In all criminal cases and juvenile proceedings
309	309	8 involving offenses set out in Section 15-25-1, wherein where
310	310	9 the victim hereof or a witness to the offense is under the age
311	311	10 of 16 years a child or a protected person, the court and the
312	312	11 district prosecuting attorney shall take appropriate action to
313	313	12 ensure a speedy trial in order to minimize the length of time
314	314	13 the child or the protected person must endure the stress of
315	315	14 involvement in the proceedings. In ruling on any motion or
316	316	15 other request for a delay or continuance of proceedings, the
317	317	16 court shall consider and give weight to any adverse impact the
318	318	17 delay or continuance may have on the well-being of a child
319	319	18 victim or witness or protected person.
320	320	19 Section 2. Sections 15-25-30, 15-25-31, 15-25-32,
321	321	20 15-25-34, 15-25-36, 15-25-37, 15-25-38, and 15-25-39, Code of
322	322	21 Alabama 1975, are amended to read as follows:
323	323	22 "§15-25-30.
324	324	23 "This article shall be entitled "The Child and
325	325	24 Protected Person Physical and Sexual Abuse, and Violent
326	326	25 Offense Victim Protection Act."
327	327	26 "§15-25-31.
328	328	Page 12 1 "An out-of-court statement made by a child under 12
329	329	2 years of age at the time the statement is made, or by a
330	330	3 protected person as defined in Section 15-25-1, concerning an
331	331	4 act that is a material element of any crime involving child a
332	332	5 physical offense, a sexual offense, and exploitation or a
333	333	6 violent offense, as defined in Section 15-25-39, which
334	334	7 statement is not otherwise admissible in evidence, is
335	335	8 admissible in evidence in criminal proceedings, if the
336	336	9 requirements of Section 15-25-32 are met.
337	337	10 "§15-25-32.
338	338	11 "An out-of-court statement may be admitted as
339	339	12 provided in Section 15-25-31, if either of the following
340	340	13 occur:
341	341	14 "(1) The child witness testifies at the proceeding,
342	342	15 or testifies by means of video tape deposition as provided by
343	343	16 Section 15-25-2, or testifies by means of closed circuit
344	344	17 television as is provided in Section 15-25-3, and at the time
345	345	18 of such the testimony is subject to cross-examination about
346	346	19 the out-of-court statements; or.
347	347	20 "(2)a. The child is found by the court to be
348	348	21 unavailable to testify on any of these grounds:
349	349	22 "1. The child's death;
350	350	23 "(2) 2. The court finds that the witness's
351	351	24 out-of-court statement is shown to the reasonable satisfaction
352	352	25 of the court to possess particularized guarantees of
353	353	26 trustworthiness and there are reasonable grounds to believe
354	354	27 that the defendant or someone acting on behalf of the
355	355	Page 13 1 defendant has intentionally removed the child witness from the
356	356	2 jurisdiction of the court; or that the defendant engaged in
357	357	3 wrongdoing that was intended to, and did, procure the
358	358	4 unavailability of the witness.
359	359	5 "3. The child's total failure of memory;
360	360	6 "4. The child's physical or mental disability;
361	361	7 "5. The child's incompetency, including the child's
362	362	8 inability to communicate about the offense because of fear or
363	363	9 a similar reason; or
364	364	10 "6. Substantial likelihood that the child would
365	365	11 suffer severe emotional trauma from testifying at the
366	366	12 proceeding or by means of closed circuit television; and
367	367	13 "b. The child's out-of-court statement is shown to
368	368	14 the reasonable satisfaction of the court to possess
369	369	15 particularized guarantees of trustworthiness.
370	370	16 "§15-25-34.
371	371	17 "Before a statement may be admitted pursuant to this
372	372	18 article on the grounds that the child declarant is unavailable
373	373	19 as a witness, such the statement may be admitted only if there
374	374	20 is corroborative evidence of the act.
375	375	21 "§15-25-36.
376	376	22 "The court shall inform the jury that the
377	377	23 out-of-court statement was taken without the defendant being
378	378	24 afforded cross examination of such the out-of-court statement.
379	379	25 "§15-25-37.
380	380	26 "In determining whether a statement possesses
381	381	27 particularized guarantees of trustworthiness under pursuant to
382	382	Page 14 1 Section 15-25-32(2)b 15-25-32, the court shall consider any
383	383	2 one, but is not limited to, of the following factors:
384	384	3 "(1) The child's witness's personal knowledge of the
385	385	4 event;.
386	386	5 "(2) The age and maturity of the child; witness.
387	387	6 "(3) Certainty that the statement was made,
388	388	7 including the credibility of the person testifying about the
389	389	8 statement;.
390	390	9 "(4) Any apparent motive the child witness may have
391	391	10 to falsify or distort the event, including bias, corruption,
392	392	11 or coercion;.
393	393	12 "(5) The timing of the child's witness's statement;.
394	394	13 "(6) Whether more than one person heard the
395	395	14 statement;.
396	396	15 "(7) Whether the child witness was suffering from
397	397	16 pain or distress when making the statement;.
398	398	17 "(8) The nature and duration of any alleged abuse;.
399	399	18 "(9) Whether the child's witness's young age or
400	400	19 status as a protected person pursuant to Section 15-25-1 makes
401	401	20 it unlikely that the child witness fabricated a statement that
402	402	21 represents a graphic, detailed account beyond the child's
403	403	22 witness's knowledge and experience;.
404	404	23 "(10) Whether the statement has a "ring of verity,"
405	405	24 has an internal consistency or coherence, and uses terminology
406	406	25 appropriate to the child's age;
407	407	26 "(10) (11) Whether the statement is spontaneous or
408	408	27 directly responsive to questions;.
409	409	Page 15 1 "(11) (12) Whether the statement is suggestive due
410	410	2 to improperly leading questions;.
411	411	3 "(12) (13) Whether extrinsic evidence exists to show
412	412	4 the defendant's opportunity to commit the act complained of in
413	413	5 the child's witness's statement.
414	414	6 "§15-25-38.
415	415	7 "The court shall support with findings and record
416	416	8 any rulings pertaining to the child's witness's unavailability
417	417	9 and the trustworthiness of the out-of-court statement.
418	418	10 "§15-25-39.
419	419	11 "For purposes of this article, "a child physical
420	420	12 offense, sexual offense, and exploitation or violent offense"
421	421	13 is defined to include the following crimes, when one or more
422	422	14 of the victims is a child under 12 years of age or is a
423	423	15 protected person as provided in Section 15-25-1:
424	424	16 "(1) Rape in any degree A sex offense pursuant to
425	425	17 Section 15-20A-5.
426	426	18 "(2) Sodomy in any degree A violent offense pursuant
427	427	19 to Section 12-25-32.
428	428	20 "(3) Sexual abuse in any degree Aggravated child
429	429	21 abuse as provided in Section 26-15-3.1.
430	430	22 "(4) Sexual misconduct.
431	431	23 "(5) Enticing a child to enter a vehicle, room,
432	432	24 house, office, or other place, for immoral purposes.
433	433	25 "(6) Any crime involving the production of child
434	434	26 pornography.
435	435	Page 16 1 "(7) Torture and willful abuse of a child under 18
436	436	2 years of age by responsible person as defined in Section
437	437	3 26-15-3.
438	438	4 "(8) Sexual torture as defined in Section
439	439	5 13A-6-65.1.
440	440	6 "(9) Attempted murder.
441	441	7 "(4) (10) Assault first in any degree.
442	442	8 "(11) Assault second degree.
443	443	9 "(12) Assault third degree.
444	444	10 "(13) Harassment.
445	445	11 "(5) Any offense involving domestic violence, elder
446	446	12 abuse, or a violation of a protection order.
447	447	13 "(6) Any attempt to commit any of the offenses
448	448	14 listed in subdivisions (1) to (5), inclusive."
449	449	15 Section 3. Section 15-25-7 is added to the Code of
450	450	16 Alabama 1975, to read as follows:
451	451	17 §15-25-7.
452	452	18 In any criminal prosecution referred to in Section
453	453	19 15-25-1, the court may allow leading questions at trial by the
454	454	20 prosecution or defense of any victim or witness in a case who
455	455	21 is under the age of 12 or is a protected person, if the court
456	456	22 determines that the allowance of leading questions will
457	457	23 further the interests of justice. The court, on motion of the
458	458	24 prosecution or the defense, or on its own motion, may limit
459	459	25 the scope and extent of any leading questions.
460	460	Page 17 1 Section 4. Section 15-25-33 of the Code of Alabama
461	461	2 1975, relating to use expert testimony as to unavailability of
462	462	3 the child to testify, is repealed.
463	463	4 Section 5. This act shall become effective on the
464	464	5 first day of the third month following its passage and
465	465	6 approval by the Governor, or its otherwise becoming law.
466	466	Page 18