Evidence

Plain English Breakdown

The bill does not provide specific guidance on how judges should determine whether video testimony would unduly prejudice the defendant.

Victim Testimony in Criminal Cases

This bill changes Tennessee's laws to add a presumption that children under 13 years old would be traumatized by seeing the person accused of hurting them during court hearings for certain crimes, allowing judges to decide if video testimony is appropriate.

What This Bill Does

• Adds a rule that there is a rebuttable presumption that a child under 13 years old would be traumatized by the presence of the defendant and unable to reasonably communicate in cases involving specific offenses.
• Allows judges to make determinations about whether a child can give testimony through video without needing the child to testify or be present in court.

Who It Names or Affects

• Victims under 18 years old who were hurt by certain crimes like sexual abuse, kidnapping, trafficking, and other specified offenses.
• Judges in criminal cases involving young victims of specific offenses.
• People accused of these crimes.

Terms To Know

Two-way closed circuit television (CCTV)

A system that allows a person to see and talk to someone else through a video screen, without being in the same room.

Rebuttable presumption

An assumption made by law that can be proven wrong with evidence.

Limits and Unknowns

• The bill does not specify how judges should decide if video testimony would unfairly harm the accused person's case.
• It is unclear what happens if a child over 13 years old but under 18 feels traumatized by seeing the defendant in court.

Official Summary Text

In a criminal case where the victim of any of the
following offenses
was under
18
at the time the offense was committed,
present law authorizes
the court
to
order the child's testimony be taken outside the courtroom by means of two-way closed circuit television
("
CCTV
"):



Aggravated sexual battery
.


Rape of a child
.


Incest
.


Aggravated child abuse
.


Kidnapping
.


Aggravated kidnapping
.


Especially aggravated kidnapping
.


Trafficking for
a
commercial sex act
.


Patronizing prostitution
.


Criminal attempt

to commit any of the offenses
in this list.

Prior to entering such an order,
present law requires
the trial judge
to
make a case-specific finding of necessity that
(i) the
particular child involved would be traumatized
,
(
ii
)
t
he source of the trauma is not the courtroom generally but the presence of the defendant
,
and
(iii) the
emotional distress suffered by the child would be more than de minimis, such that the child could not reasonably communicate.

This bill adds the following clarifications to the present law:



The child does not need to testify or be present in the courtroom for the trial judge to make a determination
as described above.


There is a rebuttable presumption that a child under
13
would be traumatized by the presence of the defendant and that the emotional distress suffered by the child would be more than de minimus
,
such that the child could not reasonably communicate.


Before ordering the testimony of a child to be taken by two-way CCTV, the trial judge must make a finding that such an order does not unduly prejudice the defendant.

Current Bill Text

SENATE BILL 2359
By Hensley

HOUSE BILL 2099
By Warner
HB2099
012009
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 24,
Chapter 7 and Title 39, relative to victim testimony.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 24-7-120, is amended by designating
subsection (a) as subdivision (a)(1) and adding the following new subdivisions:
(2) The child does not need to testify or be present in the courtroom for the trial
judge to make a determination under subdivision (a)(1).
(3) There is a rebuttable presumption that a child under thirteen (13) years of
age would be traumatized by the presence of the defendant and that the emotional
distress suffered by the child would be more than de minimus such that the child could
not reasonably communicate.
(4) Before ordering the testimony of a child to be taken by two-way CCTV, the
trial judge must make a finding that such an order does not unduly prejudice the
defendant.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.