WILLIAM DONALD SCHAEFER, Governor                        H.B. 1442

(ii) By closed circuit television.

(2)     An out of court statement by a child may come into evidence to prove
the truth of the matter asserted in the statement if:

(i) The child is unavailable to testify at the criminal proceeding or
CINA proceeding due to the child's:

1.        Death;

2.        Absence from the jurisdiction, for good cause shown, and the
State has been unable to procure the child's presence by subpoena or other reasonable
means;

3.        Serious physical disability; or

4.        Inability to communicate about the alleged offense due to
serious emotional distress;

(I)      The IF THE child's statement is not admissible under any other
hearsay exception; and

(II)     REGARDLESS OF WHETHER THE CHILD IS AVAILABLE OR
UNAVAILABLE TO TESTIFY TESTIFIES.

[(iii)](2) [There] IF THE CHILD IS UNAVAILABLE TO DOES NOT
TESTIFY, THE CHILD'S OUT OF COURT STATEMENT WILL BE ADMISSIBLE ONLY IF
THERE is corroborative evidence THAT:

(I)       THE DEFENDANT IN A CRIMINAL PROCEEDING HAD THE
OPPORTUNITY TO COMMIT THE ALLEGED OFFENSE; OR

(II)     THE RESPONDENT ALLEGED OFFENDER IN A CINA JUVENILE
COURT PROCEEDING HAD THE OPPORTUNITY TO COMMIT THE ALLEGED ABUSE OR
NEGLECT.

(3)      In order to provide the defendant with an opportunity to prepare a
response to the statement, the prosecutor shall give to SERVE ON the defendant in a
criminal proceeding or to ON the respondent ALLEGED OFFENDER in a [CINA]
JUVENILE COURT proceeding and the defendant's or respondent's ALLEGED
OFFENDER'S attorney, a reasonable time before the [CINA] JUVENILE COURT
proceeding and at least 20 days before the criminal proceeding in which the statement is
to be offered into evidence, notice of:

(i) The State's intention to introduce the statement; and

(ii) The content of the statement.

(4)      (i) The defendant or respondent ALLEGED OFFENDER shall have the
right to take the deposition of a witness who will testify under this section;

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