This text of Alabama § 15-26A-2 (Testimony Via Closed Circuit Equipment by a Victim of or Witness to a Human Trafficking Crime) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any victim of the crime or witness to the crime shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion, the court shall take into consideration the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.
(b)If the court orders that the victim’s or witness’s testimony in court shall be by closed circuit equipment, the testimony shall be taken outs
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(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any victim of the crime or witness to the crime shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion, the court shall take into consideration the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.
(b) If the court orders that the victim’s or witness’s testimony in court shall be by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge’s chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the victim or witness shall proceed as though the victim or witness was testifying in the courtroom. The following individuals may be present in the room with the victim or witness during his or her testimony:
(1) The prosecuting attorney.
(2) The attorney of the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the victim or witness and who has dealt with the victim or witness in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.
(4) In the discretion of the court, any additional person, including the parent or legal guardian, except the defendant.
(d) All costs incurred by the district attorney or Attorney General to make it possible for the court and the trier of the fact to view the testimony of the victim or witness by closed circuit equipment as provided in this section shall be paid by the state. The district attorney or Attorney General shall submit all bills for costs to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(e) The operators of the closed circuit equipment may also be in the room and shall make every effort to be unobtrusive.
(f) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the victim’s or witness’s testimony by closed circuit equipment, the defendant, the judge, and the jury shall remain in the courtroom. The video feed showing the victim or witness shall remain visible to the defendant, the judge, and the jury at all times during the testimony and cross-examination of the victim or witness.
(g) The judge and the defendant shall be allowed to communicate with the attorneys in the room where the victim or witness is testifying by any appropriate electronic method. The party making the motion that the testimony shall be by closed circuit equipment shall make all necessary arrangements regarding the equipment and the operation thereof during the course of the proceeding.
(h) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim or witness and the defendant in the courtroom at the same time. The testimony shall be limited to purposes of identification only.
(i) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.