South Dakota Senate Bill SB70

South Dakota 2023 Regular Session

• Introduced: 1/18/23
• Refer: 1/18/23
• Report Pass: 1/26/23
• Engrossed: 2/1/23
• Refer: 2/2/23
• Report Pass: 3/1/23
• Enrolled: 3/6/23
• Passed: 3/27/23

Caption

Revise provisions related to courtroom modifications for child witnesses.

Impact

The implications of SB70 are significant as they offer enhanced protections for child witnesses during legal proceedings. The bill is designed to create a more conducive environment for children to testify, aiming to minimize their fear and anxiety when recounting traumatic experiences. This legislative change may help improve the accuracy and reliability of testimonies provided by child witnesses, thereby promoting justice in cases involving crimes against vulnerable populations. Additionally, the allowance for certified therapeutic dogs and other support mechanisms suggests a broader recognition of the child's psychological needs during court appearances.

Summary

Senate Bill 70 aims to revise provisions related to courtroom modifications specifically for child witnesses under the age of sixteen. The bill stipulates that in cases involving sensitive subjects such as sexual abuse, physical abuse, or human trafficking, the court can exclude individuals such as defendants from the courtroom if their presence is deemed likely to cause substantial emotional distress to the child. Instead, the child's testimony can be conveyed through closed-circuit television, ensuring that the judicial process does not further traumatize the young witnesses.

Sentiment

The sentiment around SB70 appears broadly supportive among child advocacy groups and some segments of the legislature, who argue that the changes are essential for protecting the mental well-being of child witnesses. However, there are concerns from some legal experts regarding the balance between ensuring child welfare and maintaining defendants' rights to a fair trial. The provision that allows for the exclusion of the defendant may raise apprehensions about due process, particularly in sensitive cases where the nature of the allegations might be disputed.

Contention

Notable points of contention surrounding the bill include debates over the adequacy of protections for defendants while accommodating the needs of child witnesses. Opponents may argue that excluding defendants could undermine their ability to confront accusers, a fundamental principle of the justice system. Supporters counter that the bill is a necessary evolution of legal protocols to prioritize the psychological safety of children, who are often most vulnerable in these types of cases. As the bill progresses, it may be closely examined for potential implications on courtroom decorum and the existing rights afforded to all parties involved.