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Committee advances bill to avoid children facing two criminal trials in abuse cases
Summary
The House committee voted to recommend passage of HB 369, which requires a defendant to elect a trial path when an appeal could otherwise force a child victim to testify twice, a change supporters said would reduce trauma for child survivors.
The House Criminal Justice and Public Safety Committee voted to recommend passage of House Bill 369, with a roll-call tally of 14-1. The motion on the floor was “ought to pass,” moved by Representative Murphy and seconded by Representative Murray.
Supporters said HB 369 would reduce the likelihood that a child victim must face two criminal proceedings. Under current practice described to the committee, a child who testifies in a lower court may face a second criminal trial if a conviction is appealed; HB 369 would require the defendant to choose whether to proceed to the circuit court with a bench trial or immediately appeal to the superior court for a jury trial, which proponents said streamlines procedure and spares children repeat testimony.
The bill’s sponsor and other supporters said the change recognizes the trauma children face in abuse prosecutions and aims to limit long-term harm for survivors and their families. Opponents cautioned about changing statutory procedures and reducing protections for defendants. Representative Share told the committee she opposed the bill on principle, saying she worried about creating exceptions to standard procedural protections.
Committee debate included questions about how decision-making would involve minors and their families; one member asked whether younger defendants or victims would be required to make the election and was told the court and adults involved would work with the child rather than placing the sole burden on the minor.
The committee recorded the vote 14-1 on the “ought to pass” motion; the bill was placed on consent.
