491.685. Defendant may be excluded from child victim deposition proceedings, when.
Defendant may be excluded from child victim deposition proceedings,when.
491.685. 1. On motion of the prosecuting attorney, thecourt may exclude the defendant from any or all depositionproceedings at which the child is to testify. However, where anysuch order of exclusion is entered, the child shall not beexcused as a witness until the defendant has had a reasonableopportunity to review the videotape recording in private with hiscounsel and to consult with his counsel; and until his counselhas been afforded the opportunity to cross-examine the childfollowing such review and consultation.
2. The court may also order, on motion of the prosecutingattorney, during all predeposition procedures, recesses, andpost-deposition matters that the child be sequestered from theview and presence of the defendant.
3. In no event shall the child's videotaped testimony beadmitted into evidence until the defendant and his attorney havebeen afforded a reasonable opportunity to review the videotape inprivate in the presence of each other.
(L. 1985 H.B. 366, et al. § 10)Effective 7-19-85