Ohio § 2152.811

§ 2152.811.

(A) As used in this section: (1) “Developmental disability” has the same meaning as in section 5123.01 of the Revised Code . (2) “ Victim with a developmental disability ” includes any of the following persons: (a) A person with a developmental disability who was a victim of a violation identified

in division (B)(1) of this section or an act that would be an offense of violence

if committed by an adult; (b) A person with a developmental disability against whom was directed any conduct that

constitutes, or that is an element of, a violation identified in division (B)(1) of

this section or an act that would be an offense of violence if committed by an adult. (B)(1)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation of section 2903.16 , 2903.34 , 2903.341 , 2907.02 , 2907.03 , 2907.05 , 2907.21 , 2907.23 , 2907.24 , 2907.32 , 2907.321 , 2907.322 , or 2907.323 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or act was a person with a developmental disability,

the juvenile judge, upon motion of the prosecution, victim, or victim's attorney,

if applicable, shall order that the testimony of the victim with a developmental disability

be taken by deposition.  The prosecution, victim, or victim's attorney, if applicable, also may request that

the deposition be recorded in accordance with division (B)(2) of this section. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (B)(1)(a) of this section and in which an alleged victim of the violation

or act was a person with a developmental disability, upon motion of the prosecution,

the victim, or the victim's attorney, if applicable, and a showing by a preponderance

of the evidence that the victim will suffer serious emotional trauma if required to

provide live trial testimony, the juvenile judge shall order that the testimony of

the victim with a developmental disability be taken by deposition.  The prosecution, the victim, or the victim's attorney, if applicable, also may request

that the deposition be recorded in accordance with division (B)(2) of this section. (c) The judge shall notify the victim with a developmental disability whose deposition

is to be taken, the prosecution, the victim's attorney, if applicable, and the attorney

for the child who is charged with the violation or act of the date, time, and place

for taking the deposition.  The notice shall identify the victim with a developmental disability, in a manner

consistent with section 2930.07 of the Revised Code , who is to be examined and shall indicate whether a request that the deposition be

recorded has been made.  The child who is charged with the violation or act shall have the right to attend

the deposition and the right to be represented by counsel.  Depositions shall be taken in the manner provided in civil cases, except that the

judge in the proceeding shall preside at the taking of the deposition and shall rule

at that time on any objections of the prosecution or the attorney for the child charged

with the violation or act.  The prosecution and the attorney for the child charged with the violation or act

shall have the right, as at an adjudication hearing, to full examination and cross-examination

of the victim with a developmental disability whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in

the proceeding, it shall be filed in the juvenile court in which the action is pending

and is admissible in the manner described in division (C) of this section.  If a deposition of a victim with a developmental disability taken under this division

is admitted as evidence at the proceeding under division (C) of this section, the

victim with a developmental disability shall not be required to testify in person

at the proceeding. At any time before the conclusion of the proceeding, the attorney for the child charged

with the violation or act may file a motion with the judge requesting that another

deposition of the victim with a developmental disability be taken because new evidence

material to the defense of the child charged has been discovered that the attorney

for the child charged could not with reasonable diligence have discovered prior to

the taking of the admitted deposition.  Any motion requesting another deposition shall be accompanied by supporting affidavits.  Upon the filing of the motion and affidavits, the court may order that additional

testimony of the victim with a developmental disability relative to the new evidence

be taken by another deposition.  If the court orders the taking of another deposition under this provision, the deposition

shall be taken in accordance with this division.  If the admitted deposition was a recorded deposition taken in accordance with division

(B)(2) of this section, the new deposition also shall be recorded in accordance with

that division.  In other cases, the new deposition may be recorded in accordance with that division. (2) If the prosecution, victim, or victim's attorney, if applicable, requests that a

deposition to be taken under division (B)(1) of this section be recorded, the juvenile

judge shall order that the deposition be recorded in accordance with this division.  If a juvenile judge issues an order to record the deposition, the judge shall exclude

from the room in which the deposition is to be taken every person except the victim

with a developmental disability giving the testimony, the judge, one or more interpreters

if needed, the attorneys for the prosecution and the child who is charged with the

violation or act, the victim's attorney, if applicable, any person needed to operate

the equipment to be used, one person chosen by the victim with a developmental disability

giving the deposition, the victim's representative, if applicable, and any person

whose presence the judge determines would contribute to the welfare and well-being

of the victim with a developmental disability giving the deposition.  The person chosen by the victim with a developmental disability shall not be a witness

in the proceeding and, both before and during the deposition, shall not discuss the

testimony of the victim with any other witness in the proceeding.  To the extent feasible, any person operating the recording equipment shall be restricted

to a room adjacent to the room in which the deposition is being taken, or to a location

in the room in which the deposition is being taken that is behind a screen or mirror

so that the person operating the recording equipment can see and hear, but cannot

be seen or heard by, the victim with a developmental disability giving the deposition

during the deposition. The child who is charged with the violation or act shall be permitted to observe and

hear the testimony of the victim with a developmental disability giving the deposition

on a monitor, shall be provided with an electronic means of immediate communication

with the attorney of the child who is charged with the violation or act during the

testimony, and shall be restricted to a location from which the child who is charged

with the violation or act cannot be seen or heard by the victim with a developmental

disability giving the deposition, except on a monitor provided for that purpose.  The victim with a developmental disability giving the deposition shall be provided

with a monitor on which the victim with a developmental disability can observe, while

giving testimony, the child who is charged with the violation or act.  The judge, at the judge's discretion, may preside at the deposition by electronic

means from outside the room in which the deposition is to be taken;  if the judge

presides by electronic means, the judge shall be provided with monitors on which the

judge can see each person in the room in which the deposition is to be taken and with

an electronic means of communication with each person in that room, and each person

in the room shall be provided with a monitor on which that person can see the judge

and with an electronic means of communication with the judge.  A deposition that is recorded under this division shall be taken and filed in the

manner described in division (B)(1) of this section and is admissible in the manner

described in this division and division (C) of this section.  If a deposition that is recorded under this division is admitted as evidence at

the proceeding, the victim with a developmental disability shall not be required to

testify in person at the proceeding.  No deposition recorded under this division shall be admitted as evidence at any

proceeding unless division (C) of this section is satisfied relative to the deposition

and all of the following apply relative to the recording: (a) The recording is both aural and visual and is recorded on film or videotape, or by

other electronic means. (b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal

Procedure as a fair and accurate representation of what occurred, and the recording

is not altered other than at the direction and under the supervision of the judge

in the proceeding. (c) Each voice on the recording that is material to the testimony on the recording or

the making of the recording, as determined by the judge, is identified. (d) The prosecution, victim, or victim's attorney, if applicable, and the child who is

charged with the violation or act are afforded an opportunity to view the recording

before it is shown in the proceeding. (C)(1) At any proceeding in relation to which a deposition was taken under division (B)

of this section, the deposition or a part of it is admissible in evidence upon motion

of the prosecution if the testimony in the deposition or the part to be admitted is

not excluded by the hearsay rule and if the deposition or the part to be admitted

otherwise is admissible under the Rules of Evidence.  For purposes of this division, testimony is not excluded by the hearsay rule if

the testimony is not hearsay under Evidence Rule 801 ;  the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803 ;  the victim with a developmental disability who gave the testimony is unavailable

as a witness, as defined in Evidence Rule 804 , and the testimony is admissible under that rule;  or both of the following apply: (a) The child who is charged with the violation or act had an opportunity and similar

motive at the time of the taking of the deposition to develop the testimony by direct,

cross, or redirect examination. (b) The judge determines that there is reasonable cause to believe that, if the victim

with a developmental disability who gave the testimony in the deposition were to testify

in person at the proceeding, the victim with a developmental disability would experience

serious emotional trauma as a result of the participation of the victim with a developmental

disability at the proceeding. (2) Objections to receiving in evidence a deposition or a part of it under division (C)

of this section shall be made as provided in civil actions. (3) The provisions of divisions (B) and (C) of this section are in addition to any other

provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal

Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions

in a juvenile court proceeding and do not limit the admissibility under any of those

other provisions of any deposition taken under division (B) of this section or otherwise

taken. (D)(1)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation listed in division (B)(1) of this section

or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or offense was a person with a developmental disability,

the juvenile judge, upon motion of the prosecution, victim, or victim's attorney,

shall order the testimony of the victim with a developmental disability to be taken

in a room other than the room in which the proceeding is being conducted and be broadcast

into the room in which the proceeding is being conducted to be viewed by the child

who is charged with the violation or act and any other persons who are not permitted

in the room in which the testimony is to be taken but who would have been present

during the testimony of the victim with a developmental disability had it been given

in the room in which the proceeding is being conducted. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (D)(1)(a) of this section and in which an alleged victim of the violation

or act was a person with a developmental disability, upon motion of the prosecution,

the victim, or the victim's attorney, if applicable, and a showing by a preponderance

of the evidence that the victim will suffer serious emotional trauma if required to

provide live trial testimony, the juvenile judge shall order the testimony be taken

in a room other than the room in which the proceeding is being conducted and be broadcast

into the room in which the proceeding is being conducted to be viewed by the jury,

if applicable, the defendant, and any other persons who are not permitted in the room

in which the testimony is to be taken but who would have been present during the testimony

of the victim with a developmental disability had it been given in the room in which

the proceeding is being conducted. (2) Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable,

shall file a motion under this division at least seven days before the date of the

proceeding.  The juvenile judge may issue the order upon the motion of the prosecution filed

under this division, if the judge determines that the victim with a developmental

disability is unavailable to testify in the room in which the proceeding is being

conducted in the physical presence of the child charged with the violation or act

for one or more of the reasons set forth in division (F) of this section.  If a juvenile judge issues an order of that nature, the judge shall exclude from

the room in which the testimony is to be taken every person except a person described

in division (B)(2) of this section.  The judge, at the judge's discretion, may preside during the giving of the testimony

by electronic means from outside the room in which it is being given, subject to the

limitations set forth in division (B)(2) of this section.  To the extent feasible, any person operating the televising equipment shall be hidden

from the sight and hearing of the victim with a developmental disability giving the

testimony, in a manner similar to that described in division (B)(2) of this section.  The child who is charged with the violation or act shall be permitted to observe

and hear the testimony of the victim with a developmental disability giving the testimony

on a monitor, shall be provided with an electronic means of immediate communication

with the attorney of the child who is charged with the violation or act during the

testimony, and shall be restricted to a location from which the child who is charged

with the violation or act cannot be seen or heard by the victim with a developmental

disability giving the testimony, except on a monitor provided for that purpose.  The victim with a developmental disability giving the testimony shall be provided

with a monitor on which the victim with a developmental disability can observe, while

giving testimony, the child who is charged with the violation or act. (E)(1)(a) In any proceeding in juvenile court involving a complaint, indictment, or information

in which a child is charged with a violation listed in division (B)(1) of this section

or an act that would be an offense of violence if committed by an adult and in which

an alleged victim of the violation or offense was a person with a developmental disability,

the juvenile judge, upon motion of the prosecution, victim, or victim's attorney,

shall order the testimony of the victim with a developmental disability to be taken

outside of the room in which the proceeding is being conducted and be recorded for

showing in the room in which the proceeding is being conducted before the judge, the

child who is charged with the violation or act, and any other persons who would have

been present during the testimony of the victim with a developmental disability had

it been given in the room in which the proceeding is being conducted. (b) In any proceeding that is not otherwise eligible for the protections provided for

in division (E)(1)(a) of this section and in which an alleged victim of the violation

or act was a person with a developmental disability, upon motion of the prosecution,

the victim, or the victim's attorney, if applicable, and a showing by a preponderance

of the evidence that the victim will suffer serious emotional trauma if required to

provide live trial testimony, the juvenile judge shall order the testimony be taken

outside of the room in which the proceeding is being conducted and be recorded for

showing in the room in which the proceeding is being conducted before the judge, the

child who is charged with the violation or act, and any other persons who would have

been present during the testimony of the victim with a developmental disability had

it been given in the room in which the proceeding is being conducted. (2) Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable,

shall file a motion under this division at least seven days before the date of the

proceeding.  The juvenile judge may issue the order upon the motion of the prosecution, victim,

or victim's attorney, if applicable, filed under this division, if the judge determines

that the victim with a developmental disability is unavailable to testify in the room

in which the proceeding is being conducted in the physical presence of the child charged

with the violation or act, due to one or more of the reasons set forth in division

(F) of this section.  If a juvenile judge issues an order of that nature, the judge shall exclude from

the room in which the testimony is to be taken every person except a person described

in division (B)(2) of this section.  To the extent feasible, any person operating the recording equipment shall be hidden

from the sight and hearing of the victim with a developmental disability giving the

testimony, in a manner similar to that described in division (B)(2) of this section.  The child who is charged with the violation or act shall be permitted to observe

and hear the testimony of the victim with a developmental disability giving the testimony

on a monitor, shall be provided with an electronic means of immediate communication

with the attorney of the child who is charged with the violation or act during the

testimony, and shall be restricted to a location from which the child who is charged

with the violation or act cannot be seen or heard by the victim with a developmental

disability giving the testimony, except on a monitor provided for that purpose.  The victim with a developmental disability giving the testimony shall be provided

with a monitor on which the victim with a developmental disability can observe, while

giving testimony, the child who is charged with the violation or act.  No order for the taking of testimony by recording shall be issued under this division

unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this

section apply to the recording of the testimony. (F) For purposes of divisions (D) and (E) of this section, a juvenile judge may order

the testimony of a victim with a developmental disability to be taken outside of the

room in which a proceeding is being conducted if the judge determines that the victim

with a developmental disability is unavailable to testify in the room in the physical

presence of the child charged with the violation or act due to one or more of the

following circumstances: (1) The persistent refusal of the victim with a developmental disability to testify despite

judicial requests to do so; (2) The inability of the victim with a developmental disability to communicate about

the alleged violation or offense because of extreme fear, failure of memory, or another

similar reason; (3) The substantial likelihood that the victim with a developmental disability will suffer

serious emotional trauma from so testifying. (G)(1) If a juvenile judge issues an order pursuant to division (D) or (E) of this section

that requires the testimony of a victim with a developmental disability in a juvenile

court proceeding to be taken outside of the room in which the proceeding is being

conducted, the order shall specifically identify the victim with a developmental disability,

in a manner consistent with section 2930.07 of the Revised Code , to whose testimony it applies, the order applies only during the testimony of the

specified victim with a developmental disability, and the victim with a developmental

disability giving the testimony shall not be required to testify at the proceeding

other than in accordance with the order.  The authority of a judge to close the taking of a deposition under division (B)(2)

of this section or a proceeding under division (D) or (E) of this section is in addition

to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code . (2) A juvenile judge who makes any determination regarding the admissibility of a deposition

under divisions (B) and (C) of this section, the recording of a deposition under division

(B)(2) of this section, or the taking of testimony outside of the room in which a

proceeding is being conducted under division (D) or (E) of this section shall enter

the determination and findings on the record in the proceeding.