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      CHC 327     


Art. 327.  Admissibility

A.  A prehearing videotape which meets all the requirements of Article 326 may be admissible into evidence if all of the following occur:

(1)  The parties to the proceeding are afforded an opportunity to view the recording before it is offered into evidence.

(2)  The person conducting or supervising the interview of the protected person in the recording is present at the proceeding and available to testify or be cross-examined by either party.

(3)  The protected person is available to testify.

B.  The admission into evidence of the videotape as authorized herein shall not preclude the state from calling the protected person as a witness or taking the protected person's testimony outside the courtroom as otherwise authorized by law.

C.  Nothing in this Chapter shall be construed to prohibit the right of confrontation of a defendant in a criminal proceeding before the court.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2008, No. 335, §1.

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