Tennessee § 24-7-117 - Audiovisually recorded testimony in child sexual abuse proceedings.

§ 24-7-117. Audiovisually recorded testimony in child sexual abuse proceedings.

This section shall apply to proceedings in the prosecution of offenses defined in § 37-1-602 as “child sexual abuse” and to any civil proceeding in which child sexual abuse as defined in § 37-1-602 is an issue, and it shall apply only to the statements of a child or children under the age of thirteen (13) years of age who are victims of such abuse. The court may, on the motion of any party, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact. Only the court, the attorneys for the parties, the defendant, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during the child's testimony. Only the attorneys or the court may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits such persons to see and hear the child during the child's testimony, but does not permit the child to see or hear them. The court shall permit the defendant to observe and hear the testimony of the child in person. The court shall also ensure that: The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means; The recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered; Each voice on the recording is identified; and The attorney for the defendant is afforded an opportunity to view the recording before it is shown in the courtroom. The court may, on the motion of either party upon showing of good cause, order that additional testimony of the child be taken, if time and circumstances permit, outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding in accordance with subsection (b). If time and circumstances do not permit such additional out of court recording, the court may order the child to testify in court. The testimony of the child shall be restricted to the matters specified by the court as the basis for granting such order. If the court orders the testimony of a child to be taken under subsection (b) or (c), the child shall not be required to testify in court at the proceeding for which the testimony was taken, unless so ordered pursuant to subsection (c). Acts 1985, ch. 478, § 18; 1991, ch. 273, § 29; T.C.A., § 24-7-116 . Compiler's Notes. Former § 24-7-117 , concerning admissibility in evidence of DNA analysis, was transferred to § 24-7-118 in 2000. Cross-References. Audio-visual recordings in child abuse and child sexual abuse proceedings, §§ 37-1-405 , 37-1-406 . Use of closed circuit television for testimony of child victim, § 24-7-120 . Use of videotapes in child sexual abuse investigations, §§ 37-1-607 , 37-1-609 . Law Reviews. Are Videotapes in Child Sexual Abuse Prosecutions Constitutional? (Donald F. Paine), 25 No. 2 Tenn. B.J. 29 (1989). Evidence — State v. Begley: When the Tennessee Supreme Court Meets PCR-Method DNA Analysis, Its Love at First Sight, 28 U. Mem. L. Rev. 1239 (1998). The Confrontation Clause Applied to Minor Victims of Sexual Abuse, 42 Vand. L. Rev. 1511 (1989). The New McDaniel Test for Expert Opinions (Donald F. Paine), 34 No. 1 Tenn. B.J. 23 (1998). Attorney General Opinions. Videotaped statements, OAG 85-196, 1985 Tenn. AG LEXIS 98 (6/17/85).