Section 491.685

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 19 Jul 1985, see footnote   

  491.685.  Defendant may be excluded from child victim deposition proceedings, when. — 1.  On motion of the prosecuting attorney, the court may exclude the defendant 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 defendant 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 prosecuting attorney, during all predeposition procedures, recesses, and post-deposition matters that the child be sequestered from the view and presence of the defendant.

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

­­--------

(L. 1985 H.B. 366, et al. § 10)

Effective 7-19-85