46-16-227. Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense. Upon a motion by the prosecution or defense if the defense intends to call a child witness other than the victim in its case in chief, a court shall conduct a hearing to consider whether the testimony of a child witness may be taken outside the presence of the defendant and communicated to the courtroom by two-way electronic audio-video communication.
History: En. Sec. 2, Ch. 488, L. 2007.
Structure Montana Code Annotated
Part 2. Rules of Evidence for Criminal Cases
46-16-201. Applicability of rules of evidence and civil rules
46-16-202. Evidence on trial for treason
46-16-203. Renumbered 45-5-111 and 45-5-112
46-16-204. Defendant presumed innocent -- reasonable doubt
46-16-205. through 46-16-210 reserved
46-16-211. Who are competent witnesses
46-16-212. Competency of spouses
46-16-213. Testimony of person legally accountable
46-16-217. through 46-16-219 reserved
46-16-220. Child hearsay exception -- criminal proceedings
46-16-221. Testimony of third person in cases of abuse of individual with developmental disability
46-16-223. through 46-16-225 reserved
46-16-228. Hearing -- procedure -- evidence that may be received -- protection for child witness