Child victims and witnesses; using two-way closed-circuit television, expands age range. (HB2129)

Introduced By

Del. Karrie Delaney (D-Centreville) with support from 8 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Nadarius Clark (D-Portsmouth), Del. Elizabeth Guzman (D-Dale City), Del. Michelle Maldonado (D-Manassas), Del. Cia Price (D-Newport News), Del. Sam Rasoul (D-Roanoke), Sen. Danica Roem (D-Manassas), Sen. Suhas Subramanyam (D-Ashburn)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying. Read the Bill »

Status

02/25/2023: failed house

History

DateAction
01/10/2023Committee
01/10/2023Prefiled and ordered printed; offered 01/11/23 23103472D
01/10/2023Referred to Committee for Courts of Justice
01/19/2023Assigned Courts sub: Subcommittee #1
01/23/2023House subcommittee amendments and substitutes offered
01/23/2023Subcommittee recommends reporting with substitute (8-Y 0-N)
01/27/2023Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
01/27/2023Committee substitute printed 23105150D-H1
01/27/2023Referred to Committee on Appropriations
01/27/2023Assigned App. sub: Transportation & Public Safety
01/30/2023Subcommittee recommends reporting (8-Y 0-N)
01/30/2023Reported from Appropriations (22-Y 0-N) (see vote tally)
01/30/2023Impact statement from DPB (HB2129H1)
02/01/2023Read first time
02/02/2023Read second time
02/02/2023Committee substitute agreed to 23105150D-H1
02/02/2023Engrossed by House - committee substitute HB2129H1
02/03/2023Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/03/2023VOTE: Block Vote Passage (99-Y 0-N) (see vote tally)
02/06/2023Constitutional reading dispensed
02/06/2023Referred to Committee on the Judiciary
02/15/2023Reported from Judiciary with substitute (10-Y 5-N) (see vote tally)
02/15/2023Committee substitute printed 23107007D-S1
02/15/2023Rereferred to Finance and Appropriations
02/16/2023Reported from Finance and Appropriations with amendment (13-Y 3-N) (see vote tally)
02/16/2023Senate committee, floor amendments and substitutes offered
02/20/2023Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/21/2023Read third time
02/21/2023Reading of substitute waived
02/21/2023Committee substitute agreed to 23107007D-S1
02/21/2023Reading of amendment waived
02/21/2023Committee amendment agreed to
02/21/2023Passed by for the day
02/22/2023Read third time
02/22/2023Impact statement from DPB (HB2129S1)
02/22/2023Passed by for the day
02/23/2023Read third time
02/23/2023Passed by temporarily
02/23/2023Reading of Surovell amendment waived
02/23/2023Amendment by Senator Surovell withdrawn
02/23/2023Reading of Boysko amendments waived
02/23/2023Amendments by Senator Boysko rejected (10-Y 29-N) (see vote tally)
02/23/2023Reading of amendment waived
02/23/2023Amendment by Senator Surovell agreed to
02/23/2023Engrossed by Senate - committee substitute with amendments HB2129S1
02/23/2023Passed Senate with substitute with amendments (39-Y 0-N) (see vote tally)
02/23/2023Senate substitute with amendments rejected by House 23107007D-S1 (0-Y 85-N)
02/23/2023VOTE: Adoption (0-Y 85-N) (see vote tally)
02/23/2023Senate insisted on substitute with amendments (37-Y 0-N) (see vote tally)
02/23/2023Senate requested conference committee
02/23/2023House acceded to request
02/23/2023Conferees appointed by House
02/23/2023Delegates: Delaney, Bell, Ballard
02/23/2023Conferees appointed by Senate
02/23/2023Senators: Surovell, Morrissey, Norment
02/25/2023No further action taken
02/25/2023Failed to pass in House