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House
File
602
-
Introduced
HOUSE
FILE
602
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
38)
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
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H.F.
602
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
minor’s
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,
defendant’s
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
minor’s
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
minor’s
testimony
through
closed-circuit
television.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
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
minor’s
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
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equipment
have
two-way
capabilities.
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