Section 65.10. Closed-circuit television; general rule; declaration of vulnerability  


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  • 1. A child witness shall be declared vulnerable  when  the  court,  in
      accordance with the provisions of section 65.20, determines by clear and
      convincing  evidence  that  it  is  likely  that such child witness will
      suffer serious mental or emotional harm if  required  to  testify  at  a
      criminal  proceeding  without  the  use  of live, two-way closed-circuit
      television and  that  the  use  of  such  live,  two-way  closed-circuit
      television will diminish the likelihood or extent of, such harm.
        2. When the court declares a child witness to be vulnerable, it shall,
      except  as  provided in subdivision four of section 65.30, authorize the
      taking of the  testimony  of  the  vulnerable  child  witness  from  the
      testimonial  room  by  means of live, two-way closed-circuit television.
      Under no circumstances shall the provisions of this article be construed
      to authorize a closed-circuit television system by which events  in  the
      courtroom  are  not  transmitted  to  the  testimonial  room  during the
      testimony of the vulnerable child witness.
        3. Nothing herein  shall  be  contrued  to  preclude  the  court  from
      exercising  its  power  to  close  the  courtroom or from exercising any
      authority it otherwise may have to protect the well-being of  a  witness
      and the rights of the defendant.
        * NB Repealed September 1, 2011