38-2358. Recorded statement of child victim admissible in certain cases; limitations.

38-2358

Chapter 38.--MINORS
Article 23.--REVISED KANSAS JUVENILE JUSTICE CODE

      38-2358.   Recorded statement of child victimadmissible in certain cases; limitations.(a) In any proceeding pursuant to thecode inwhich a child less than 13 years of age is alleged to be a victim of theoffense, a recording of an oralstatement of the child, made before the proceeding began, is admissible inevidence if:

      (1)   The court determines that the time, content and circumstances of thestatement providesufficient indicia of reliability;

      (2)   no attorney for any party is present when the statement is made;

      (3)   the recording is both visual and aural and is recorded on film orvideotape or by otherelectronic means;

      (4)   the recording equipment is capable of making an accurate recording, theoperator of theequipment is competent and the recording is accurate and has not been altered;

      (5)   the statement is not made in response to questioning calculated to leadthe child to makea particular statement or is clearly shown to be the child's statement and notmade solely as a resultof a leading or suggestive question;

      (6)   every voice on the recording is identified;

      (7)   the person conducting the interview of the child in the recording ispresent at theproceeding and is available to testify or be cross-examined by any party;

      (8)   each party to the proceeding is afforded an opportunity to view therecording before itis offered into evidence, and a copy of a written transcript is provided tothe parties; and

      (9)   the child is available to testify.

      (b)   If a recording is admitted in evidence under this section, any party tothe proceeding maycall the child to testify and be cross-examined, either in the courtroom or asprovided byK.S.A. 2009 Supp.38-2359, and amendments thereto.

      History:   L. 2006, ch. 169, § 58; Jan. 1, 2007.