Evidence

Plain English Breakdown

The official source does not specify which crimes are covered but refers to a list of offenses already defined in Tennessee's laws.

Victim Testimony in Criminal Cases

This bill changes Tennessee's laws to add a presumption that children under 13 years old who are victims of certain crimes would be traumatized by seeing their attacker, allowing judges to order video testimony without the child being present.

What This Bill Does

• Adds a rebuttable presumption that a child under 13 years old is likely to be traumatized and unable to communicate effectively if they see their attacker during certain criminal cases.
• Allows judges to decide on video testimony for children under 13 without requiring the child's presence in court.
• Requires judges to ensure that ordering video testimony does not unfairly harm the accused person’s case.

Who It Names or Affects

• Victims of specified crimes who were under 18 when the crime happened
• Judges deciding how victims should testify

Terms To Know

two-way closed circuit television (CCTV)

A system that allows a person to give testimony from another room while still being seen and heard by the court.

rebuttable presumption

An assumption made by law that can be proven wrong in specific cases.

Limits and Unknowns

• The bill specifies certain crimes but does not list them all, referring to a pre-existing list of offenses.
• It is unclear how this change will affect the fairness and accuracy of trials involving young victims.

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

HOUSE BILL 2099
By Warner

SENATE BILL 2359
By Hensley
SB2359
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.