§ 18.2-67.9 Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology
A. The provisions of this section shall apply to an alleged victim who was 14 years of age or younger at the time of the alleged offense and is 16 years of age or younger at the time of the trial and to a witness who is 14 years of age or younger at the time of the trial. In any criminal proceeding, including preliminary hearings, involving an alleged offense against a child, relating to a violation of the laws pertaining to kidnapping pursuant to Article 3 (§ 18.2-47 et seq.) of Chapter 4, criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order from the court that the testimony of the alleged victim or a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television or other securely encrypted two-way audio and video technology. The party seeking such order shall apply for the order at least 14 days before the trial date or at least seven days before such other preliminary proceeding to which the order is to apply.
B. The court may order that the testimony of the child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology as provided in subsection A if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:
1. The child’s persistent refusal to testify despite judicial requests to do so;
2. The child’s substantial inability to communicate about the offense; or
3. The court’s finding, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant’s presence and not in the courtroom generally and where such trauma would impair the child’s ability to communicate. Any ruling on the child’s unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.
C. In any proceeding in which two-way closed-circuit television or other securely encrypted two-way audio and video technology is used to receive testimony, the attorney for the Commonwealth and the defendant’s attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony shall be those persons necessary to operate the two-way closed-circuit equipment or other securely encrypted two-way audio and video technology and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.
D. The child’s testimony shall be transmitted by two-way closed-circuit television or other securely encrypted two-way audio and video technology into the courtroom for the defendant, jury, judge, and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.
E. Notwithstanding any other provision of law, none of the cost of the two-way closed-circuit television or other securely encrypted two-way audio and video technology shall be assessed against the defendant.
History
This law was first created in 1988. The record of its establishment is cataloged in chapter 846 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 “Acts” aren’t available online. It has been modified 5 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 668; in 2001, chapter 410; in 2019, chapter 146; in 2020, chapter 122; in 2025, chapter 191.
1988, c. 846; 1999, c. 668; 2001, c. 410; 2019, c. 146; 2020, c. 122; 2025, c. 191.