5984.1 - Recorded testimony.

     § 5984.1.  Recorded testimony.        (a)  Recording.--Subject to subsection (b), in any     prosecution or adjudication involving a child victim or child     material witness, the court may order that the child victim's or     child material witness's testimony be recorded for presentation     in court by any method that accurately captures and preserves     the visual images, oral communications and other information     presented during such testimony. The testimony shall be taken     under oath or affirmation before the court in chambers or in a     special facility designed for taking the recorded testimony of     children. Only the attorneys for the defendant and for the     Commonwealth, persons necessary to operate the equipment, a     qualified shorthand reporter and any person whose presence would     contribute to the welfare and well-being of the child victim or     child material witness, including persons designated under     section 5983 (relating to rights and services), may be present     in the room with the child during testimony. The court shall     permit the defendant to observe and hear the testimony of the     child victim or child material witness but shall ensure that the     child victim or material witness cannot hear or see the     defendant. Examination and cross-examination of the child victim     or child material witness shall proceed in the same manner as     normally permitted. The court shall make certain that the     defendant and defense counsel have adequate opportunity to     communicate for the purpose of providing an effective defense.        (b)  Determination.--Before the court orders the child victim     or the child material witness to testify by recorded testimony,     the court must determine, based on evidence presented to it,     that testifying either in an open forum in the presence and full     view of the finder of fact or in the defendant's presence will     result in the child victim or child material witness suffering     serious emotional distress that would substantially impair the     child victim's or child material witness's ability to reasonably     communicate. In making this determination, the court may do any     of the following:            (1)  Observe and question the child victim or child        material witness, either inside or outside the courtroom.            (2)  Hear testimony of a parent or custodian or any other        person, such as a person who has dealt with the child victim        or child material witness in a medical or therapeutic        setting.        (c)  Counsel and confrontation.--            (1)  If the court observes or questions the child victim        or child material witness under subsection (b)(1), the        attorney for the defendant and the attorney for the        Commonwealth have the right to be present, but the court        shall not permit the defendant to be present.            (2)  If the court hears testimony under subsection        (b)(2), the defendant, the attorney for the defendant and the        attorney for the Commonwealth have the right to be present.        (d)  Effect of order.--(Deleted by amendment).     (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004,     P.L.736, No.87, eff. imd.)