2570

LAWS OF MARYLAND

Ch. 499

(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, 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 TESTIMONY IS TAKEN DURING THE
PROCEEDING; AND

(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.

(3)  THE JUDGE AND THE DEFENDANT SHALL BE ALLOWED TO
COMMUNICATE WITH THE PERSONS IN THE ROOM WHERE THE CHILD IS
TESTIFYING BY ANY APPROPRIATE ELECTRONIC METHOD.

(C)  THE PROVISIONS OF THIS SECTION DO NOT APPLY IF THE
DEFENDANT IS AN ATTORNEY PRO SE.

(D)  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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or