SF0100

Establishes procedures allowing child witnesses under age 16 in certain criminal cases to testify remotely outside the defendant's and jury's presence, and specifies courtroom accommodations for child witnesses.

• Creates W.S. 7-11-409(a) to permit children under 16 to testify remotely in incest and sexual assault cases, requiring the court to find that in-person testimony would cause more than de minimis emotional distress and that remote testimony is necessary to protect the child's welfare. (Sec. 1, W.S. 7-11-409(a))
• Allows courts to exclude the defendant from the room during the child's remote testimony if the defendant's presence would substantially likely cause substantial emotional distress that impairs the child's ability to communicate. (Sec. 1, W.S. 7-11-409(a)(ii))
• Requires use of two-way closed circuit television or secure technology for remote testimony, with live display of the child's testimony in the courtroom and simultaneous display of the courtroom in the child's room, including the defendant's image unless waived. (Sec. 1, W.S. 7-11-409(a)(iii)-(iv))
• Requires the court to provide instantaneous real-time communication between the excluded defendant and defendant's attorney, reasonable recesses for consultation, and audio communication with attorneys outside the courtroom. (Sec. 1, W.S. 7-11-409(a)(v))
• Permits courts to exclude the jury from the child's testimony room upon motion by the district attorney if the court finds the jury's presence would cause substantial emotional distress impairing the child's ability to communicate, with testimony simultaneously televised to the courtroom. (Sec. 1, W.S. 7-11-409(a)(vi))
• Authorizes courts to provide accommodations to children under 16 in cases involving incest, sexual assault, human trafficking, or violent felonies, including age-appropriate questioning, freedom from harassing tactics, presence of a supportive person, adequate breaks, and use of certified therapeutic dogs or comfort items. (Sec. 1, W.S. 7-11-409(b))
• Amends W.S. 7-11-408(h) to clarify that if a videotaped deposition is used and the child cannot provide live testimony under W.S. 7-11-409, the child cannot testify in court without defendant consent.