House Study Bill 38 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to testimony by a minor witness using two-way, 1 closed-circuit equipment. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1964YC (2) 91 as/js
H.F. _____ Section 1. Section 915.38, subsection 1, paragraph a, Code 1 2025, is amended to read as follows: 2 a. Upon its own motion or upon motion of any party, a court 3 may protect a minor, as defined in section 599.1 , from trauma 4 caused by testifying in the physical presence of the defendant 5 where it would impair the minors ability to communicate, by 6 ordering that the testimony of the minor be taken in a room 7 other than the courtroom and be courtroom. The testimony 8 shall be televised by two-way, closed-circuit equipment with 9 both audio and video feeds for listening and viewing in the 10 courtroom. However, such an order shall be entered only upon a 11 specific finding by the court that such measures are necessary 12 to protect the minor from trauma. Only the judge, prosecuting 13 attorney, defendants attorney, persons necessary to operate 14 the equipment, and any person whose presence, in the opinion of 15 the court, would contribute to the welfare and well-being of 16 the minor may be present in the room with the minor during the 17 minors testimony. The judge shall inform the minor that the 18 defendant will not be present in the room in which the minor 19 will be testifying but that the defendant will be viewing the 20 minors testimony through closed-circuit television. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanations substance by the members of the general assembly. 24 This bill relates to testimony by a minor witness using 25 two-way, closed-circuit equipment. 26 The bill provides that a court may protect a minor from 27 trauma caused by testifying in the physical presence of 28 a defendant where it would impair the minors ability to 29 communicate, by ordering that the testimony of the minor be 30 taken in a room other than the courtroom. The testimony 31 will be televised by two-way, closed-circuit equipment with 32 both audio and video feeds for listening and viewing in the 33 courtroom. 34 Current law does not specify that the closed-circuit 35 -1- LSB 1964YC (2) 91 as/js 1/ 2
H.F. _____ equipment have two-way capabilities. 1 -2- LSB 1964YC (2) 91 as/js 2/ 2