Page:United States Statutes at Large Volume 104 Part 6.djvu/410

 104 STAT. 4800 PUBLIC LAW 101-647—NOV. 29, 1990 as to justify an order under subparagraph (A), the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the child attendant, the prosecutor, the child's attorney, the guardian ad litem, and the defense counsel present. "(D) If the court orders the taking of testimony by television, the attorney for the government and the attorney for the defendant not including an attorney pro se for a party shall be present in a room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child's testimony are— "(i) the child's attorney or guardian ad litem appointed under subdivision (h); "(ii) persons necessary to operate the closed-circuit television equipment; "(iii) a judicial officer, appointed by the court; and "(iv) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant. The child's testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant's attorney during the testimony. The closed circuit television transmission shall relay into the room in which the child is testifying the defendant's image, and the voice of the judge. "(2) VIDEOTAPED DEPOSITION OF CHILD.— (A) In a proceeding involving an alleged offense against a child, the attorney for the government, the child's attorney, the child's parent or legal guardian, or the guardian ad litem appointed under subdivision (h) may apply for an order that a deposition be taken of the child's testimony and that the deposition be recorded and preserved on videotape. "(B)(i) Upon timely receipt of an application described in subparagraph (A), the court shall make a preliminary finding regarding whether at the time of trial the child is likely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons: "(I) The child will be unable to testify because of fear. "(II) There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court. "(ni) The child suffers a mental or other infirmity. "(IV) Conduct by defendant or defense counsel causes the child to be unable to continue testifying, "(ii) If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in clause (i), the court shall order that the child's deposition be taken and preserved by videotape. "(iii) The trial judge shall preside at the videotape deposition of a child and shall rule on all questions as if at trial. The only

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