* § 65.30 Closed-circuit television; special testimonial procedures.\n 1. When the court has entered an order pursuant to section 65.20, the\ntestimony of the vulnerable child witness shall be taken in the\ntestimonial room and the image and voice of the vulnerable child\nwitness, as well as the image of all other persons other than the\noperator present in the testimonial room, shall be transmitted live by\nmeans of closed-circuit television to the courtroom. The courtroom shall\nbe equipped with monitors sufficient to permit the judge, jury,\ndefendant and attorneys to observe the demeanor of the vulnerable child\nwitness during his or her testimony. Unless the courtroom has been\nclosed pursuant to court order, the public shall also be permitted to\nhear the testimony and view the image of the vulnerable child witness.\n 2. In all instances, the image of the jury shall be simultaneously\ntransmitted to the vulnerable child witness in the testimonial room. If\nthe court order issued pursuant to section 65.20 specifies that the\nvulnerable child witness shall testify outside the physical presence of\nthe defendant, the image of the defendant and the image and voice of the\nperson examining the vulnerable child witness shall also be\nsimultaneously transmitted to the vulnerable child witness in the\ntestimonial room.\n 3. The operator shall place herself or himself and the closed-circuit\ntelevision equipment in a position that permits the entire testimony of\nthe vulnerable child witness to be transmitted to the courtroom but\nlimits the ability of the vulnerable child witness to see or hear the\noperator or the equipment.\n 4. Notwithstanding any provision of this article, if the court in a\nparticular case involving a vulnerable child witness determines that\nthere is no live, two-way closed-circuit television equipment available\nin the court or another court in the county or which can be transported\nto the court from another county or that such equipment, if available,\nis technologically inadequate to protect the constitutional rights of\nthe defendant, it shall not permit the use of the closed-circuit\ntelevision procedures authorized by this article.\n 5. If the order of the court entered pursuant to section 65.20\nrequires that the defendant remain in the courtroom, the attorney for\nthe defendant and the district attorney shall also remain in the\ncourtroom unless the court is satisfied that their presence in the\ntestimonial room will not impede full and private communication between\nthe defendant and his or her attorney and will not encourage the jury to\ndraw an inference adverse to the interest of the defendant.\n 6. Upon request of the defendant, the court shall instruct the jury\nthat they are to draw no inference from the use of live, two-way\nclosed-circuit television in the examination of the vulnerable child\nwitness.\n 7. The vulnerable child witness shall testify under oath except as\nspecified in subdivision two of section 60.20. The examination and\ncross-examination of the vulnerable child witness shall, in all other\nrespects, be conducted in the same manner as if the vulnerable child\nwitness had testified in the courtroom.\n 8. When the testimony of the vulnerable child witness is transmitted\nfrom the testimonial room into the courtroom, the court stenographer\nshall record the textimony in the same manner as if the vulnerable child\nwitness had testified in the courtroom.\n * NB Repealed September 1, 2027\n
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