(a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ unusual court procedures to protect the rights of a minor victim, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant against the need to protect a minor witness and to preserve the integrity of the court's fact finding function. This discretion is intended to be used selectively when the facts and circumstances in the individual case present compelling evidence of the need to use these unusual procedures.
(b) Notwithstanding any other provision of law to the contrary, the court in an adjudicatory or disposition hearing pursuant to section 2548 or 2549 of this title or, in a criminal proceeding involving sexual and child abuse, or in a criminal case involving a crime of violence, as defined in Title 23, section 451(e), Virgin Islands Code, or a violation of the controlled substances law as codified in Title 19, chapter 29 of this code, and where a minor is to testify as a witness, upon written notice of the prosecutor made at least three days prior to the date of the hearing or trial on which the testimony of the minor is scheduled, or during the course of the proceeding on the court's own motion, may order that the testimony of a minor, who is 16 years of age or younger, be taken by contemporaneous examination and cross-examination in a room near the courtroom and out of the presence of the jury, defendant and public, and communicated contemporaneously to the courtroom by means of two-way closed-circuit television, if the court makes any of the following findings:
(1) The minor's testimony will involve a recitation of the facts of an alleged sexual or physical offense committed on, with, or in the presence of the minor.
(2) The impact on the minor of one or more factors enumerated in subparagraphs (A) to (D) of this paragraph, inclusive, is shown by clear an convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit television is used:
(A) Threats of serious bodily injury to be inflicted on the minor or a family member, of incarceration or deportation of the minor or a family member, or of removal of the minor from the family or dissolution of the family, in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding or to prevent the minor from reporting the alleged sexual or physical offense or from assisting in criminal prosecution;
(B) Use of a firearm or any other deadly weapon during the commission of the crime;
(C) Infliction of great bodily injury upon the victim during the commission of the crime;
(D) Conduct on the part of the defendant or defense counsel during the hearings or trial which causes the minor to be unable to continue his or her testimony.
(c) The conditions imposed on the use of the closed circuit video-taped presentation shall be as follows:
(1) In addition to the minor, the persons present in the room from which the minor will testify, (hereinafter referred to as the “testimonial room”) shall consist of the prosecutor, the defense attorney, the guardian ad litem as provided by section 2542 of this title, the therapist, counselor, or other professional who has worked most closely with the minor concerning the alleged sexual or child abuse, and the judge if he determines that his presence is necessary.
(2) The videocamera and cameraman shall be separated from the testimonial room by means of a one-way mirror which would allow the videotaping of the minor's testimony.
(3) The courtroom shall be equipped with monitors having the capacity to present images and sound with clarity, in order that the jury, defendant, and judge shall be able to see and hear the testimony of the minor.
(4) No bright lights shall be employed in the testimonial room.
(5) Color images may be projected to the courtroom by the videocamera.
(6) The videocamera may be equipped with zoom lens to be used only on notice to counsel who may have an opportunity to object.
(7) The videocamera, the witness and counsel shall be so arranged that the witness and counsel in the testimonial room can be seen on the courtroom monitors simultaneously. The face of the witness shall be visible on the monitors at all times, except on agreement by counsel or direction by the court for some other arrangement. The placement of counsel in the testimonial room shall be at the discretion of each counsel.
(8) The defendant and his attorney shall be provided by the Government with a video system which will permit constant private communication between them during the testimony of the minor.
(9) If the judge determines that his presence is not necessary in the testimonial room, an audio system may be provided connecting the judge with the testimonial room in order that he may be able to rule on objections and otherwise control the proceedings from the bench.
(10) The testimony of the minor may be interrupted at reasonable intervals to provide the defendant with an opportunity for consultation with his counsel.
(d)
(1) The hearing on a motion to videotape the minor witness, pursuant to this section, shall be conducted out of the presence of the jury.
(2) Notwithstanding any other provision of law to the contrary, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing nor shall the court deny the motion on the ground that the minor has not testified.
(3) In determining whether the impact on an individual child of one or more of the four factors enumerated in subsection (b)(2) of this section, is so substantial that the minor is unavailable as a witness unless closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the guardian ad litem, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and the defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers.
(e) When the court orders the testimony of a minor to be taken in the testimonial room, the court shall:
(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order and the reasons in support of the exclusion of the defendant from the testimonial room. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no inferences from the use of two-way closed-circuit television as a means of facilitating the testimony of the minor.
(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the hearing or trial on the use of two-way closed-circuit television procedures.
(4) Instruct the guardian ad litem, outside of the presence of the jury, that he is not to coach, cue, or in any way, influence or attempt to influence the testimony of the minor.
(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participated in the examination, be made and preserved on videotape in addition to being stenographically recorded. The videotape shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant, and his attorney during ordinary business hours. The videotape shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the videotape shall not be destroyed until a final judgment on appeal has been ordered. Any videotape which is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness.
(f) When the court orders the testimony of a minor to be taken in a room near the courtroom, the minor shall be brought into the judge's chambers prior to the taking of his testimony to meet for a reasonable period of time with the judge, the prosecutor, defense counsel and the guardian ad litem. The purpose of the meeting shall be to explain the court process to the child and to allow the attorneys an opportunity to establish a rapport with the minor to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or any of the facts of the case with the minor during the meeting.
(g) When the court orders that the testimony of a minor may be taken in the testimonial room, nothing in this section shall prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants, as the court deems necessary.
(h) The examination of the minor shall be under oath.
(i) Nothing in this section shall affect the requirements of section 831 of this title.