Ch. 311

1997 LAWS OF MARYLAND

(III) ONE ATTORNEY FOR THE CHILD;

(iii) (IV) The operators of the closed circuit television equipment;

and

(iv) (V) Subject to the Maryland Rules, 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.

(4) [Only the] IN A CRIMINAL OR JUVENILE DELINQUENCY CASE, ONLY
ONE prosecuting attorney, [the] ONE attorney for any defendant, and the judge may
question the child.

(5) IN A CHILD IN NEED OF ASSISTANCE CASE, ONLY ONE ATTORNEY
FOR EACH PARTY AND THE JUDGE MAY QUESTION THE CHILD.

(c) (1) In determining whether testimony by the child victim in the defendant's
presence will result in the child suffering serious emotional distress such that the child
cannot reasonably communicate, the judge may observe and question the child either
inside or outside the courtroom and hear testimony of a parent or custodian of the child
or any other person, including a person who has dealt with the child in a therapeutic
setting.

(2) (i) Except as provided in subparagraph (ii)2 of this paragraph, any
defendant, [any defendant's attorney, and the prosecutor] ONE ATTORNEY FOR THE
DEFENDANT, ONE PROSECUTING ATTORNEY, AND ONE ATTORNEY FOR THE CHILD
shall have the right to be present when the judge hears testimony on whether to allow a
child victim to testify by closed circuit television.

(ii) If the judge decides to observe or question the child in connection
with the determination to allow closed circuit television:

1. [Any defendant's attorney and the prosecutor] ONE
ATTORNEY FOR THE DEFENDANT, ONE PROSECUTING ATTORNEY, AND ONE
ATTORNEY FOR THE CHILD shall have the right to be present; and

2. The judge may not permit a defendant to be present.

(d) The provisions of this section do not apply if the defendant is appearing pro

se.

(e) 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.

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