Second Substitute H.B. 54

Senator D. Chris Buttars proposes the following substitute bill:

1 VIDEOTAPE OF MINORS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Wayne A. Harper
5
6 LONG TITLE
7 General Description:
8 This bill sets specific requirements for interviewing children during investigations into
9 abuse.
10 Highlighted Provisions:
11 This bill:
12 . requires that all investigative interviews of children be videotaped or similarly
13 recorded;
14 . requires that the child and interviewer be simultaneously recorded;
15 . requires that the recording be continuous and display time and date; and
16 . encourages a worker to audiotape all interviews that are not videotaped
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2004.
21 Utah Code Sections Affected:
22 ENACTS:
23 62A-4a-414, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 62A-4a-414 is enacted to read:
27 62A-4a-414. Interviews of children -- Recording required.
28 (1) (a) Interviews of children during an investigation in accordance with Section
29 62A-4a-409 , and involving allegations of sexual abuse or serious physical abuse of a child,
30 shall be conducted only under the following conditions:
31 (i) the interview shall be recorded visually and aurally on film, videotape, or by other
32 electronic means;
33 (ii) both the interviewer and the child shall be simultaneously recorded and visible on
34 the final product;
35 (iii) the time and date of the interview shall be continuously and clearly visible to any
36 subsequent viewer of the recording; and
37 (iv) the recording equipment shall run continuously for the duration of the interview.
38 (b) This Subsection (1) does not apply to initial or minimal interviews conducted in
39 accordance with Subsection 62a-4a-409 (9)(b) or (c).
40 (2) Interviews conducted in accordance with Subsection (1) shall be carried out in an
41 existing Children's Justice Center or in a soft interview room, when available.
42 (a) If the Children's Justice Center or a soft interview room is not available, the
43 interviewer shall use the best setting available under the circumstances.
44 (b) If the equipment required under subsection (1) is not available, the interview shall
45 be audiotaped, provided that the interviewer shall clearly state at the beginning of the tape:
46 (i) the time, date, and place of the interview;
47 (ii) the full name and age of the child being interviewed; and
48 (iii) that the equipment required under Subsection (1) is not available and why.
49 (3) All other investigative interviews shall be audiotaped using electronic means. At
50 the beginning of the tape, the worker shall state clearly the time, date, and place of the meeting,
51 and the full name and age of the child in attendance.
52 Section 2. Effective date.
53 This bill takes effect on July 1, 2004.