Section 491.702

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 1987   

  491.702.  Perpetrator may be excluded from child victim deposition proceeding, when — sequestration of victim — review of tapes required, when. — 1.  On motion of the juvenile officer, the court may exclude the alleged perpetrator from any or all deposition proceedings at which the child is to testify.  However, where any such order of exclusion is entered, the child shall not be excused as a witness until the alleged perpetrator has had a reasonable opportunity to review the videotape recording in private with his counsel and to consult with his counsel; and until his counsel has been afforded the opportunity to cross-examine the child following such review and consultation.

  2.  The court may also order, on motion of the juvenile officer, during all predeposition procedures, recesses, and post-deposition matters that the child be sequestered from the view and presence of the alleged perpetrator.

  3.  In no event shall the child's videotaped testimony be admitted into evidence until all parties and their attorneys have been afforded a reasonable opportunity to review the videotape in private in the presence of each other.

­­--------

(L. 1987 H.B. 598)