Section 15-25-3

Prosecution for physical or sexual offense or exploitation involving child under age 16 — Use of closed circuit equipment to present testimony of victim or witness under age 16; costs; competence of victim as witness; trier of fact to determine weight and credibility; leading questions.

(a) In those criminal prosecutions set out in Section 15-25-1, the court may, on motion of the state or the defendant prior to the trial of the case, order that the testimony of any alleged victim of the crime or witness thereto who is under the age of 16 at the time of the order shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion the court shall take into consideration those matters set out in Section 15-25-2. If the court orders that the victim's or witness's testimony in court shall be by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's chambers or in another suitable location designated by the judge. Examination and cross-examination of the alleged child victim or witness shall proceed as though he or she were testifying in the courtroom. Present in the room with the child during his or her testimony shall be the district attorney, the defendant, and attorney, and other persons as the court in its discretion may permit taking into consideration the welfare and well-being of the child. Persons operating the closed circuit equipment shall do so, where practical, in an adjacent or nearby room or behind a screen or mirror that permits them to see and hear the child during the testimony, but which does not permit the child to view them. Suitable audio equipment shall be provided so as to permit the court to communicate with the parties and the witness throughout the testimony. The party making the motion that the testimony shall be by closed circuit equipment shall make all necessary arrangements regarding the equipment and the operation thereof during the course of the proceeding.

(b) All costs incurred by the district attorney to make it possible for the court and the trier of the fact to view the testimony of the victim by closed circuit equipment as provided in this article shall be paid by the state. The district attorney shall submit all bills for costs to the State Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.

(c) Notwithstanding any other provision of law or rule of evidence, a child victim of a physical offense, sexual offense, or sexual exploitation, shall be considered a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony. The court may also allow leading questions of the child witnesses in the interest of justice.

(Acts 1985, No. 85-743, p. 1143, §3; Acts 1994, No. 94-704, p. 1359, §1.)