HARRY HUGHES, Governor

2559

(A) (1) IN A CASE OF ABUSE OF A CHILD AS DEFINED IN § 5-901
OF THE FAMILY LAW ARTICLE OR ARTICLE 27, § 35A OF THE CODE, IN A
CASE OF ABUSE OF A CHILD AS DEFINED IN § 5-901 OF THE FAMILY LAW
ARTICLE OR ARTICLE 27, § 35A OF THE CODE, A COURT MAY ORDER THAT
THE TESTIMONY OF A CHILD VICTIM BE TAKEN OUTSIDE THE COURTROOM
AND SHOWN IN THE COURTROOM BY MEANS OF CLOSED CIRCUIT TELEVISION
IF:

(I) THE CRIMINAL OFFENSE ALLEGED IS:

1. CHILD ABUSE, AS DEFINED IN § 5-901 OF
THE FAMILY LAW ARTICLE OR ARTICLE 27, § 35A OF THE CODE;

2. A SEXUAL OFFENSE, AS DEFINED IN

ARTICLE 27, § 464, § 464A, § 464B, OR § 464C OF THE CODE;

3. RAPE, AS DEFINED IN ARTICLE 27, § 462
OR § 463 OF THE CODE; OR

4. ASSAULT AND BATTERY;

(I) (II) (I) THE TESTIMONY IS TAKEN DURING THE
PROCEEDING; AND

(II) (III) (II) THE JUDGE DETERMINES THAT
TESTIMONY BY THE CHILD VICTIM IN THE COURTROOM WILL RESULT IN THE
CHILD SUFFERING SERIOUS EMOTIONAL DISTRESS SUCH THAT THE CHILD
CANNOT REASONABLY COMMUNICATE.

(2)  ONLY THE STATE'S PROSECUTING ATTORNEY, THE
ATTORNEY FOR THE DEFENDANT IF THE ATTORNEY IS NOT THE DEFENDANT,
AND THE JUDGE MAY QUESTION THE CHILD.

(3)  THE OPERATORS OF THE CLOSED CIRCUIT TELEVISION OR
VIDEOTAPE EQUIPMENT SHALL MAKE EVERY EFFORT TO BE UNOBTRUSIVE.

(B) (1) ONLY THE FOLLOWING PERSONS MAY BE IN THE ROOM WITH
THE CHILD WHEN THE CHILD TESTIFIES BY CLOSED CIRCUIT TELEVISION:

(I)  THE STATE'S PROSECUTING ATTORNEY;

(II)  THE ATTORNEY FOR THE DEFENDANT, IF THE
ATTORNEY IS NOT THE DEFENDANT;

(III)  THE OPERATORS OF THE CLOSED CIRCUIT
TELEVISION EQUIPMENT; AND

(IV)  UNLESS THE DEFENDANT OBJECTS, ANY PERSON
WHOSE PRESENCE, IN THE OPINION OF THE COURT, CONTRIBUTES TO THE
WELL-BEING OF THE CHILD, INCLUDING A PERSON WHO HAS DEALT WITH
THE CHILD IN A THERAPEUTIC SETTING CONCERNING THE ABUSE.

(2) DURING THE CHILD'S TESTIMONY BY CLOSED CIRCUIT
TELEVISION, THE JUDGE AND THE DEFENDANT SHALL BE IN THE
COURTROOM.