Alabama Senate Bill SB123

Alabama 2023 Regular Session

• Introduced: 3/22/23
• Refer: 3/22/23

Caption

Relating to criminal procedure; to amend Section 15-25-2, Code of Alabama 1975, as last amended by Act 2022-201, 2022 Regular Session, to authorize the taking of depositions by video equipment of victims and witnesses of human trafficking under certain conditions.

Impact

The bill amends Section 15-25-2 of the Code of Alabama, explicitly outlining the conditions under which video depositions can be taken. The court is empowered to order these depositions upon motion from the district attorney or Attorney General, considering various factors like the nature of the offense and the potential emotional impact on the victim. The proceedings are set to maintain the integrity of the judicial process while prioritizing the well-being of victims, which may encourage more individuals to come forward in cases of human trafficking.

Summary

SB123 aims to enhance the legal procedures surrounding the testimony of victims and witnesses of human trafficking by allowing video depositions to be taken without regard to the age of the individuals involved. Previously, such depositions were limited to child victims or protected persons. This change is intended to provide additional support and protections to victims, facilitating their ability to provide testimony in a manner that minimizes distress, particularly in sensitive cases involving severe emotional trauma.

Contention

While supporters of SB123 argue that the bill is a significant step forward in protecting victims and ensuring justice for human trafficking offenses, there are potential concerns regarding the rights of defendants. The provisions allow the entry of video depositions into evidence, which could raise issues related to a defendant’s right to confront their accuser. Moreover, the protective measures around the deposition process are designed to balance the needs of both victims and defendants, aiming to mitigate any unfair prejudice during trials.