§ 7-11-409 — Testimony from child witnesses; accommodations

Wyoming § 7-11-409

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 11: TRIAL AND MATTERS INCIDENT THERETO
• Art. 4: TESTIMONY AND WITNESSES

Text

(a) In any case in which the defendant is charged with
incest as defined in W.S. 6-4-402(a) or sexual assault as
defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2-
317 and a child less than eighteen (18) years of age is the
victim, the court may allow the child to testify remotely,
outside the presence of the defendant or the jury, in accordance
with all of the following:
(i) Before permitting the child to testify remotely
under this subsection, the court shall hold a hearing and shall
find that the child testifying in the courtroom would cause the
child to suffer more than de minimis emotional distress and that
remote testimony by the child is necessary to protect the
welfare of the child;
(ii) The court may exclude the defendant from being
physically present in the same room as the child during the
child's testimony if the court finds that the presence of the
defendant in the same room as the child is substantially likely
to cause substantial emotional distress to the child and that
the emotional distress is substantially likely to impair the
ability of the child to communicate;
(iii) If the defendant is excluded under paragraph
(ii) of this subsection, the child shall testify by way of a two
(2) way closed circuit television or other appropriate secure
technology. The testimony of the child shall be televised live
in the courtroom, and simultaneously the room in which the child
is testifying shall have a monitor that displays a view of the
courtroom and that displays the defendant;
(iv) The defendant may waive the right to have the
defendant's image televised in the room in which the child is
testifying;
(v) If the defendant is excluded from the room in
which the child is testifying, the court:
(A) Shall provide for instantaneous, real-time
communication between the defendant and the defendant's
attorney;
(B) Shall grant reasonable court recesses during
the testimony for consultation between the defendant and the
defendant's attorney;
(C) May communicate by audio system with
attorneys outside of the courtroom.
(vi) If, on the motion of the district attorney and
outside the presence of the jury, the court specifically finds
that the child will suffer substantial emotional distress that
will impair the child's ability to communicate due to the
presence of the jury, the court may exclude the jury from the
room in which the child is testifying. The testimony of the
child shall be televised at the same time to the courtroom by
closed circuit television or other real-time audio and video
technology.
(b) In any case in which the defendant is charged with
incest as defined in W.S. 6-4-402(a), sexual assault as defined
in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2-317,
human trafficking as defined in W.S. 6-2-701 through 6-2-703 or
a violent felony as defined by W.S. 6-1-104(a)(xii) and a child
less than eighteen (18) years of age is the victim, the court
may, on its own motion or upon a motion by a party, provide
reasonable accommodations to the child, including but not
limited to the following:
(i) To be addressed, asked questions and read the
oath or affirmation to testify truthfully in an age-appropriate
manner;
(ii) To be free of nuisance or harassing tactics in
the proceeding;
(iii) To have a person who would contribute to the
well-being of the child present, clearly visible and in close
proximity, if the person is not and will not be a witness in the
proceeding;
(iv) To have sufficient breaks in the proceedings to
allow for the comfort of the child;
(v) To have a certified therapeutic dog, an item used
to provide psychological comfort, or both, present in the room
with the child.