(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of or witness to a crime without regard to the age of the victim or witness.
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Terms Used In Alabama Code 15-26A-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) On any motion for a video deposition of the victim or witness, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by rule of the Supreme Court.
(c) During the recording of a video deposition authorized pursuant to this section, the following persons shall be in the room with the victim or witness:

(1) The prosecuting attorney.
(2) The attorney for the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the victim or witness and who has dealt with the victim or witness in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.
(4) Additional persons, other than the defendant, in the discretion of the court.
(d) Examination and cross-examination of the victim or witness shall proceed at the taking of the video deposition as though the victim or witness were testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim or witness and shall be viewed and heard at the trial of the case.
(e) For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.
(f) The Supreme Court may adopt rules of procedure regarding the taking and use of video depositions in criminal proceedings and juvenile cases, as well as transcription of video depositions in appeals of those cases.
(g) All costs associated with the recording of a deposition ordered pursuant to this section shall be paid by the state. The district attorney or Attorney General shall submit all related cost bills to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(h) All recordings of video depositions ordered pursuant to this section shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim or witness of the offense.
(i) When necessary, the operator of the equipment used to record video depositions may also be in the room during the taking of the deposition and the operator shall make every effort to be unobtrusive.
(j) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the testimony of the victim or witness, the defendant shall be provided access to view the testimony out of the presence of the victim or witness and shall be allowed to communicate with his or her attorney by any appropriate election method.
(k) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.
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