Rhode Island General Laws 40-11-7.2. Evidence
(a) A videotape recording made by the department of children, youth and families, a law enforcement officer, a hospital, or a children’s advocacy center of an interview of or statement made by a child who is the subject of an investigation conducted pursuant to § 40-11-7 is admissible in any court proceeding pursuant to this chapter, notwithstanding any objection to hearsay statements contained therein, provided it is relevant and material and provided its probative value substantially outweighs the danger of unfair prejudice to the child’s parent, guardian, or other person responsible for the child’s welfare. The circumstances of the making of the videotape recording, including the maker’s lack of personal knowledge, may be proved to affect its weight.
Terms Used In Rhode Island General Laws 40-11-7.2
- Child: means a person under the age of eighteen (18). See Rhode Island General Laws 40-11-2
- Department: means department of children, youth and families. See Rhode Island General Laws 40-11-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Oath: A promise to tell the truth.
- oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Testify: Answer questions in court.
(b) Prior to the videotaped recording being introduced into evidence the court shall first determine that:
(1) The statement is sworn to under oath by the child and the significance of the oath is explained to the child;
(2) The recording is both visual and aural and is recorded on film or videotaped or by other electronic means;
(3) The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioning calculated to lead the child to make a particular statement;
(6) The person conducting the interview of the child is available to testify at any court proceeding pursuant to this chapter; and
(7) The child shall be available to testify at any court proceeding pursuant to this chapter.
History of Section.
P.L. 1985, ch. 371, § 2; P.L. 2018, ch. 189, § 1; P.L. 2018, ch. 262, § 1.