CHILD WITNESS IMPLEMENTATION BILL MOVES FORWARD

HARRISBURG—Senate Bill 979, sponsored by Sen. Greenleaf to implement the child witness constitutional amendment approved by voters in November, has been voted out of the Senate Judiciary Committee and awaits Senate floor action.

When the implementing legislation is enacted, the electronic testimony option for children who are too traumatized to testify in the presence of the defendant will be available in courts across the commonwealth.

Under the Greenleaf bill, a judge would make an evidence-based determination that a child who is the victim of or material witness to a crime may testify by an alternative means, such as a two-way closed-circuit television hookup with the courtroom. Determination for use of the option would hinge on such matters as whether a child witness is would suffer serious emotional trauma that would impair the ability to testify. Children who are capable of testifying in the traditional method would do so. "A child who has witnessed the murder of a loved one or who has gone through sexual assault may be too afraid to speak in the presence of the alleged perpetrator," Greenleaf said. "In such cases, an alternative will be offered if Senate Bill 979 is enacted."

The child witness constitutional amendment was approved by two consecutive sessions of the Legislature and overwhelmingly approved by voters in November. Thirty-five other states use alternative testimony for child witnesses.

Children permitted to utilize the electronic option are subject to cross examination and to having their demeanor viewed by the court while testifying. Children under the age of 13 would be eligible to be considered by the court for alternative testimony, under the Greenleaf bill.