(a)  In any grand jury proceeding investigating a sexual assault alleged to have been committed against a child, a recording of a statement from the alleged victim who is sixteen (16) years of age or younger at the time of the proceeding shall be admissible into evidence at the proceeding if:

(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 videotape 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 is an attorney in the department of the attorney general or another person chosen by the attorney general to make the proceeding less intimidating to the child, and the interviewer is available to testify at the proceeding;

(7)  The child is available to testify if requested by the grand jurors; and

(8)  The recording is made a part of the record of the grand jury.

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Terms Used In Rhode Island General Laws 11-37-13.1

  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Victim: means the person alleging to have been subjected to sexual assault. See Rhode Island General Laws 11-37-1

(b)   [Deleted by P.L. 2022, ch. 214, § 1 and P.L. 2022, ch. 215, § 1.]

History of Section.
P.L. 1985, ch. 124, § 1; P.L. 2004, ch. 385, § 1; P.L. 2004, ch. 473, § 1; P.L. 2022, ch. 214, § 1, effective June 27, 2022; P.L. 2022, ch. 215, § 1, effective June 27, 2022.