PARRIS N. GLENDENING, Governor Ch. 312

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.

(f) This section may not be interpreted to permit the use of two-way closed
circuit television or any other procedure that would result in the child being exposed to
the defendant.

775.

(f) (2) (i) Except as provided in subparagraph (ii)2 of this paragraph, any
defendant, any defendant's attorney, and the prosecutor shall have the right to be present
when the court hears testimony on whether to admit into evidence an out of court
statement of a child under this section.

(ii) If the court is required to observe or question the child in
connection with the determination to admit into evidence the out of court statement:

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

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

camera examination.

776.

(a) (1) In this section[, "victim of a violent crime"] THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(2) "STATE'S ATTORNEY" HAS THE MEANING PROVIDED IN § 770 OF THIS

ARTICLE.

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