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      CHC 326     


Art. 326.  Competent evidence; procedures for making videotape

A.  A videotape of the statements of a protected person who is alleged to be the victim of or witness to a crime may be offered in evidence for or against such crime.  To render such a videotape competent evidence, all of the following must be satisfactorily proved:

(1)  Such electronic recording was voluntarily made by the protected person.

(2)  No relative of the protected person was present in the room in which the recording was made.

(3)  No attorney for either party was present when the statement was made.

(4)  Such recording was not made of answers to questions calculated to lead the protected person to make any particular statement.

(5)  Such recording is both visual and oral and is recorded on film or videotape or by other electronic means.

(6)  Such recording is accurate, has not been altered, and reflects what the protected person said.

(7)  The taking of the protected person's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, medical psychologist, licensed professional counselor, or an authorized representative of the department.

(8)  Every voice on the recording is identified.

B.  The department shall develop and promulgate regulations regarding training requirements and certification for department personnel who are authorized to supervise the taking of the protected person's statement.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2004, No. 241, §2; Acts 2009, No. 251, §13.

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