                                 CODE OF VIRGINIA

TESTIMONY BY CHILD VICTIMS AND WITNESSES USING TWO-WAY CLOSED-CIRCUIT TELEVISION
OR OTHER SECURELY ENCRYPTED TWO-WAY AUDIO AND VIDEO TECHNOLOGY (§ 18.2-67.9)

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 (&#xA7; 18.2-47 et seq.) of Chapter 4,
criminal sexual assault pursuant to Article 7 (&#xA7; 18.2-61 et seq.) of
Chapter 4, commercial sex trafficking or prostitution offenses pursuant to
Article 3 (&#xA7; 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to
Article 4 (&#xA7; 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&#8217;s persistent refusal to testify despite judicial requests
   to do so;

   2. The child&#8217;s substantial inability to communicate about the offense;
   or

   3. The court&#8217;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&#8217;s
   presence and not in the courtroom generally and where such trauma would impair
   the child&#8217;s ability to communicate.
   				Any ruling on the child&#8217;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&#8217;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&#8217;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: 1988, c. 846; 1999, c. 668; 2001, c. 410; 2019, c. 146; 2020, c. 122;
2025, c. 191.