Section 15-25-3 - Prosecution for physical or sexual offense or exploitation involving child or protected person - Use of closed circuit equipment; competence of victim as witness(a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any alleged victim of the crime or a witness to the crime who is a child or protected person at the time of the order 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 the 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 he or she were testifying in the courtroom. Present in the room with the child or the protected person during his or her testimony shall be any of the following: (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 child or protected person and who has dealt with the child or protected person in a therapeutic setting regarding the abuse.(4) Additional persons, except the defendant, may be admitted into the room in the discretion of the court.(d) All costs incurred by the district attorney 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 article shall be paid by the state. The district attorney 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) Notwithstanding any other provision of law or rule of evidence, a child or protected person victim of a physical offense, sexual offense, or violent offense, shall be considered a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony. The court may also allow leading questions of the child or protected person victim or witness in the interest of justice.(f) The operators of the closed circuit equipment may also be in the room and shall make every effort to be unobtrusive.(g) Only the court, the prosecuting attorney, and the attorney for the defendant may question the child or protected person. During the testimony by closed circuit equipment, the defendant, the judge, and the jury shall remain in the courtroom. The video feed showing the child or protected person shall remain visible to the defendant, the judge, and the jury at all times during the testimony and cross-examination of the child or protected person.(h) The judge and the defendant shall be allowed to communicate with the attorneys in the room where the child or protected person 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.(i) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time. The testimony shall be limited to purposes of identification only.(j) 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 a child or a protected person on behalf of the pro se defendant if the court finds that there is substantial likelihood that the child or protected person would experience emotional harm if the defendant were allowed to question the child or protected person.Ala. Code § 15-25-3 (1975)
Amended by Act 2022-201,§ 1, eff. 7/1/2022.Acts 1985, No. 85-743, p. 1143, §3; Acts 1994, No. 94-704, p. 1359, §1; Act 2007-391, §1.