Sec. 1. 15 MRSA §1206 is enacted to read:

§1206.__Videotape trial testimony of minors under 13

years of age authorized

1.__Sexual assault victims and witnesses.__In a criminal case for a violation of Title 17-A, chapter 11, the prosecuting attorney may move to take videotape trial testimony of any witness who was 13 years of age or under at the time of the alleged offense.__A witness who was 13 years of age or under at the time of the offense may also move to have videotape trial testimony taken.__The court shall order videotape trial testimony if it finds by a preponderance of the evidence that:

A.__The witness will suffer emotional or mental strain if required to testify in open court; or

B.__Waiting until the trial to give testimony will impair the witness's ability to recall and relate the facts of the alleged offense.

2.__Taking of videotape trial testimony.__Videotape trial testimony taken pursuant to this section must be conducted before the judge in a place ordered by the court.__The testimony must be taken in the presence of the prosecutors, the defendant and the defendant's attorneys and any other persons the court allows.__Examination and cross examination of the witness must proceed in the same manner as permitted at trial.

3.__Admissibility.__Videotape trial testimony taken pursuant to this section is admissible into evidence at trial in lieu of any other testimony by the witness.

4.__Appear or testify.__Unless otherwise ordered by the court for good cause shown, a witness whose testimony is taken pursuant to this section may not be required to appear or testify at trial.

5.__Parent or other adult present.__A witness who is 13 years of age or under may have the witness's parent or any other appropriate adult, or both, present during the witness's testimony taken pursuant to this section.

6.__Witness.__For the purpose of this section, the term "witness" includes the victim of the crime.

7.__Rules.__The Supreme Judicial Court may adopt rules necessary to implement this section.