22.482.15 97th Legislative Session 466

2022 South Dakota Legislature

House Bill 1099

SENATE JUDICIARY ENGROSSED

Introduced by: Representative Reed

An Act to revise provisions related to courtroom modifications for child witnesses.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 26-8A-30 be AMENDED:

26-8A-30. In any proceeding in which a child under the age of twelve, or a child twelve years of age or older who is developmentally disabled as defined in § 27B-1-18, sixteen is describing any act of sexual contact or rape performed with or on the child by another, or describing any act of physical abuse or neglect of the child by another, or any act of physical abuse or neglect of another child, any act of human trafficking of the child by another, or any act constituting a crime of violence as defined in § 22-1-2 committed against the child or another child, the court or any party may move to allow that the testimony of the child be taken in a room other than the courtroom and televised at the same time to the courtroom by closed circuit television equipment. Prior to allowing the child to testify under this section, the court shall hold a hearing outside the presence of the jury and make a finding on the record that testimony by the child in the courtroom will cause the child to suffer more than de minimis emotional distress and that testifying under the provisions of this section is necessary to protect the welfare of the child.

Underscores indicate new language.

Overstrikes indicate deleted language.