Chapter 37 (relating to robbery).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children) if the offense involved sexual contact with the
victim.
Section 6301(a)(1)(ii) (relating to corruption of
minors).
Section 6312(b) (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with minor).
Section 6320 (relating to sexual exploitation of
children).
(c) Emotional distress.--In order to make a finding under
subsection (a)(3)(ii) that the individual is unavailable as a
witness, the court must determine, based on evidence presented
to it, that testimony by the individual as a witness will result
in the individual suffering serious emotional distress that
would substantially impact the individual's ability to
communicate.
(d) Determination by court.--In making a determination under
subsection (c), the court may do all of the following:
(1) Observe and question the individual, either inside
or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other
person, such as a person who has dealt with the individual in
a medical or therapeutic setting.
(e) Counsel and confrontation.--If the court hears testimony
in connection with making a finding under subsection (c), all of
the following apply:
(1) Except as provided in paragraph (2), the defendant,
the attorney for the defendant and the attorney for the
20190HB0503PN0491 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30