(House Bill 1099)
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:
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,
any act of sexual contact or rape performed with or on the child by
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.
Signed March 15, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.