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Home » US Law » 2022 West Virginia Code » Chapter 62. Criminal Procedure » Article 6B. Protection and Preservation of Statements and Testimony of Child Witness

§62-6B-1. Legislative Findings

The Legislature hereby finds that there are rare occasions when the interests of justice cannot be served because a child who is alleged to be the victim of certain offenses is unable to testify while in the physical presence of the defendant in the courtroom. The Legislature further finds that the Constitutional right of the […]

§62-6B-2. Definitions

For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context. (1) "Child witness" means a person under […]

§62-6B-4. Procedures Required for Taking Testimony of Child Witness by Closed-Circuit Television; Election of Defendant; Jury Instruction; Sanction for Failure to Follow Procedures; Additional Accommodation Options; Recordings and Confidentiality

(a) If the court determines that the use of live, two-way closed-circuit testimony is necessary and orders its use the defendant may, at any time prior to the child witness being called, elect to absent himself from the courtroom during the child witness' testimony. If the defendant so elects the child shall be required to […]

§62-6B-5. Memorialization of Statements of Certain Child Witnesses; Admissibility; Hearing

(a) After the effective date of this section, whenever any law-enforcement officer, physician, psychologist, social worker, or investigator, in the course of his or her employment or profession or while engaged in an active criminal investigation as a law-enforcement officer or an agent of a prosecuting attorney, obtains a statement from a child 13 years […]

§62-6B-6. Confidentiality of Recorded Interviews of Children

(a) Except as provided by the provisions of this article, recorded interviews of an interviewed child in any judicial or administrative proceeding shall not be published or duplicated except pursuant to the terms of an order of a court of competent jurisdiction. All written documentation in any form that is related to the recorded interview […]