An Act To Allow the Videotaping of the Testimony of Witnesses 13 Years of Age and under in Certain Cases
Maine Legislature, Session 121, LD 0934
Committee: Judiciary
Sponsors: McNEIL, NASS, BLANCHETTE, GERZOFSKY, GROSE, LERMAN, O'BRIEN, SNOWE-MELLO, HATCH, SAVAGE
Amends: 15 MRSA §1206

Legislative Document 
No. 934 
H.P.691 
House of Representatives, February 25, 2003 
An Act To Allow the Videotaping of the Testimony of Witnesses 13 
Years of Age and under in Certain Cases 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative McNEIL of Rockland . 
Cosponsored by Senator NASS of York and 
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1??17lu:~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, GERZOFSKY of Brunswick, GROSE of 
Woolwich, LERMAN of Augusta, O'BRIEN of Augusta, SNOWE-MELLO of Poland, 
Senators: HATCH of Somerset, SAVAGE of Knox. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §1206 is enacted to read: 
§1206. 
Videotape trial testimony of minors under 13 
years of age authorized 
1. 
Sexual assault victims and witnesses. 
In a 
criminal 
case for a violation of Title 17 -A, chapter 11, the prosecuting 
attorney may 
move 
to take videotape trial testimony of 
any 
witness who was 
years of age or under at the time of the 
alleged offense. 
A witness who was 13 years of age or under at 
the time of the offense may also move to have videotape trial 
testimony taken. 
The court shall order videotape trial testimony 
if it finds by a preponderance of the evidence that: 
A. 
The witness will suffer emotional or mental strain if 
required to testify in open court; or 
B. 
Waiting until the trial to give testimony will impair 
the witness's ability to recall and relate the facts of the 
alleged offense. 
2. 
Taking of videotape trial testimony. 
Videotape trial 
testimony taken pursuant to this section must be conducted before 
the judge in a place ordered by the court. 
The testimony must be 
taken in the presence of the prosecutors, the defendant and the 
defendant's attorneys and any other persons the court allows. 
Examination and cross examination of the witness must proceed in 
the same manner as permitted at trial. 
3. 
Admissibility. 
Videotape trial testimony taken pursuant 
to this section is admissible into evidence at trial in lieu of 
any other testimony by the witness. 
4. 
Appear or testify. 
Unless otherwise ordered by the 
court for good cause shown, 
a witness whose testimony is taken 
pursuant to this section may not be required to appear or testify 
at trial. 
5. 
Parent or other adult present. 
A witness who is 13 
years of age or under may have the witness's parent or any other 
appropriate 
adult. 
or 
both, 
present 
during 
the 
witness's 
testimony taken pursuant to this section. 
6. 
Witness. 
For the purpose of this section, the term 
"witness" includes the victim of the crime. 
7. 
Rules. 
The 
Supreme Judicial Court may 
adopt 
rules 
necessary to implement this section. 
Page l-LR0870(l) 
.. 
• 
SUMMARY 
This bill is modeled 
on 
New 
Hampshire's 
law concerning 
videotaping the testimony of a victim or other witness who is 13 
years of age or under when the offense being prosecuted is a 
sexual offense. 
It allows the prosecuting attorney or the victim 
or other witness who is 13 years of age or under to request that 
the testimony be videotaped. 
The court has discretion whether to 
allow the trial testimony to be videotaped. 
A. victim or other 
wi tness who is 13 years of age or under and whose testimony is 
videotaped is not required to appear or testify in the trial. 
The testimony must be videotaped in front of the judge, with 
the prosecuting attorneys, 
the defendant 
and 
the defendant's 
attorneys present. 
The victim or other witness may also have a 
parent or other appropriate adult present during the testimony. 
The 
Supreme Judicial Court may 
adopt rules necessary to 
carry out this A.ct.