COMMITTEE ON HOMELAND SECURITY, JUSTICE 
AND PUBLIC SAFETY 
 
10/10/2024-AMENDED AND REPORTED OUT THE FLOOR 
09/10/24-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 
 
BILL NO. 
35-0031 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
February 27, 2023 
 
 
 
An Act amending title 5, Virgin Islands Code, subtitle 3, part I, by adding a new chapter 301A, 
creating the Child Victims’ and Child Witnesses’ Rights Act and repealing chapter 301, 
subchapter IV, section 3510 
 
 
 
PROPOSED BY: 
 
 
Senators Angel L. Bolques, Jr., Dwayne M. DeGraff 
and Marvin A. Blyden 
Be it enacted by the Legislature of the Virgin Islands: 
1 
SECTION 1.  Title 5, subtitle 3, part I, of the Virgin Islands Code is amended by adding 
2 
a new chapter 301A to read as follows: 
3 
“Chapter 301A. The Child Victims’ and Child Witnesses’ Rights Act 
4 
§ 3511. This chapter shall be known and may be cited as the “Child Victims’ and Child 
5 
Witnesses’ Rights Act”. 
6 
§3512. Definitions 
7 
As used in this subchapter, unless the context clearly requires otherwise: 
8 
(a) 
“Adult attendant” means an adult who accompanies a child throughout the judicial 
9 
process for the purpose of providing emotional support who may be an advocate, counselor, 
10 
therapist, the non-offending parent, or someone with whom the child is familiar who can support 
11 
the child throughout the entire process and afterwards. 
12 
 
 
2
(b) 
“Child” means a person who is under the age of 18 years. 
1 
(c) “Child abuse” means the infliction of physical, mental or emotional injury upon a 
2 
child, or maltreatment, sexual conduct or sexual contact with a child, or exploitation of a child 
3 
by any person.  It does not include discipline administered by a parent or legal guardian to his 
4 
or her child provided that the discipline is reasonable in manner and moderate in degree and 
5 
otherwise does not constitute cruelty. 
6 
(d) 
“Exploitation” means the use of a child for pornography, prostitution, labor 
7 
trafficking, or any act where a child is coerced or manipulated for sexual or financial gain. 
8 
(e) 
“Mental injury” means psychological injury or harm including emotional trauma, 
9 
which impairs the mental or emotional health or functioning of a child. 
10 
(f) 
“Multidisciplinary Team” means a team of professionals, including representatives 
11 
from law enforcement, child protective services, health and mental health services, victim 
12 
advocacy, and the legal system, who work together to investigate, prosecute, and provide 
13 
services for cases of severe child maltreatment, including abuse and neglect. 
14 
(g) 
“Neglect” means to place a child or allow a child to be placed in a situation which 
15 
a reasonable person should know is dangerous to the child's health or welfare, and includes, but 
16 
is not limited to, the following: 
17 
(1) 
leaving a child unsupervised, taking into account the age and developmental 
18 
stage of the child; 
19 
(2) 
denying or failing to provide a child with shelter, food, clothing, medical 
20 
care or education; 
21 
(3) 
leaving a child in the care of any person known to use, possess or        sell 
22 
illegal drugs or abuse alcohol; 
23 
 
 
3
(4) 
leaving a child in the care of any person known to have engaged in sexual 
1 
activity with any child; 
2 
(5) 
leaving a child in the care of any person known to be incapable of providing 
3 
adequate care for a child; 
4 
(6) 
keeping a child under the age of 16 years home from school to care for other 
5 
children and; 
6 
(7) 
leaving a child in the care of a person that is known to be a registered sex 
7 
offender of children. 
8 
(h) 
“Physical injury” means the impairment of physical condition and includes, but is 
9 
not limited to, any skin bruising, bleeding, failure to thrive, malnutrition, burn, bone fracture, 
10 
soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical 
11 
condition that threatens a child's health or welfare, or death as a result of physical injury 
12 
(i) 
“Sexual abuse” includes the employment, use, persuasion, inducement, 
13 
enticement, or coercion of a child to engage in, or assist another to engage in, sexually explicit 
14 
conduct, or the rape, molestation, prostitution, or other form of sexual exploitation of children, 
15 
sexual grooming,  or incest with children. 
16 
(j) 
“sexual conduct” means actual or simulated: 
17 
(1) 
sexual intercourse, including sexual contact in the manner of genital-genital, 
18 
oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of 
19 
opposite sex; 
20 
(2) 
bestiality; 
21 
(3) 
masturbation; 
22 
(4) 
lascivious exhibition of the genitals or pubic area of a person or animal; or 
23 
(5) 
sadistic or masochistic abuse. 
24 
 
 
4
(k) 
“Sexual contact” means the intentional touching, either directly or through clothing, 
1 
of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, 
2 
humiliate, harass, degrade, arouse or gratify the sexual desire of any person. 
3 
§ 3513.  Alternatives to Live In-Court Testimony 
4 
(a) 
Child’s live testimony by two-way closed-circuit television: 
5 
(1) 
In a proceeding involving an alleged offense against a child, the attorney for 
6 
the Government, the child’s attorney, or a guardian ad litem, appointed under section 3518 
7 
of this chapter, may move the court for an order that the child’s testimony be taken in a 
8 
room outside the courtroom and be televised by two-way closed circuit television.  The 
9 
party seeking such an order shall file an appropriate motion at least seven (7) days before 
10 
the trial date.  If a party moves the court for an order outside the seven days, the court may 
11 
still issue an order if it finds that the need for the order was not reasonably foreseeable 
12 
and good cause exists for the order to be entered.  
13 
(2) 
The court may order that the testimony of the child be taken by closed-circuit 
14 
television as provided in paragraph (1) of this section if the court finds that the child is 
15 
unable to testify in open court in the presence of the defendant, for any of the following 
16 
reasons: 
17 
(A) the child is unable to testify because of fear; 
18 
(B) there is a substantial likelihood, established by expert testimony, that the 
19 
child would suffer emotional trauma from testifying; 
20 
(C) the child suffers a mental or other infirmity; or 
21 
(D) conduct by defendant or defense counsel causes the child to be unable 
22 
to continue testifying. 
23 
 
 
5
(3) 
The court shall support a ruling on the child’s inability to testify with detailed 
1 
findings on the record that justify the use of the alternative method for a child’s testimony 
2 
and that the alternative method is necessary to protect the child and is narrowly tailored 
3 
to meet that purpose.  In determining whether the impact on an individual child of one or 
4 
more of the factors described in paragraph (2) is so substantial as to justify an order under 
5 
paragraph (1), the court may question the minor in chambers, or at some other comfortable 
6 
place other than the courtroom, for a reasonable period of time with the child attendant, 
7 
the prosecutor, the child’s attorney, the guardian ad litem, and the defense counsel present. 
8 
(4) 
If the court orders that testimony be taken by closed-circuit television, the 
9 
attorney for the Government and the defendant’s attorney, not including a party acting as 
10 
an attorney, pro se, shall be present in the room outside the courtroom with the child and 
11 
the child shall be subjected to direct and cross-examination.  The only other person who 
12 
may be permitted in the room with the child during the child’s testimony are: 
13 
(A) the child’s attorney or guardian ad litem appointed under section 3518 
14 
of this chapter; 
15 
(B) persons necessary to operate the closed-circuit television equipment; 
16 
(C) a judicial officer, appointed by the court; and 
17 
(D) other persons whose presence is determined by the court to be necessary 
18 
to the welfare and well-being of the child, including an adult attendant. 
19 
(5) 
The child’s testimony shall be transmitted by closed circuit television into the 
20 
courtroom for viewing and hearing by the defendant, jury, judge, and public.  The 
21 
defendant shall be provided with the means of private, contemporaneous communication 
22 
with the defendant’s attorney during the testimony.  The closed-circuit television 
23 
transmission shall transmit the defendant’s image and the voice of the judge into the room 
24 
in which the child is testifying. 
25 
 
 
6
(b) 
Videotaped deposition of child 
1 
(1) 
In a proceeding involving an alleged offense against a child, the attorney for 
2 
the Government, the child’s attorney, the child’s parent or legal guardian, or the guardian 
3 
ad litem appointed under section 3519 may make a motion to the court for an order that 
4 
the child’s deposition testimony be taken outside of the defendant’s presence and be 
5 
recorded and preserved on videotape. 
6 
(2) 
Upon timely receipt of a motion described in paragraph (1) of this subsection, 
7 
the court shall make a preliminary finding regarding whether at the time of trial the child 
8 
will be likely to be unable to testify in open court in the physical presence of the defendant, 
9 
jury, judge, and public for any of the following reasons: 
10 
(A) the child will be unable to testify because of fear; 
11 
(B) there is a substantial likelihood, established by expert testimony, that the 
12 
child would suffer emotional trauma from testifying in open court; 
13 
(C) the child suffers a mental or other infirmity; or 
14 
(D) conduct by defendant or defense counsel causes the child to be unable 
15 
to continue testifying. 
16 
(3) 
If the court finds that the child is likely to be unable to testify in open court 
17 
for any of the reasons stated in paragraph (2), the court shall order that the child’s 
18 
deposition be taken and preserved by videotape. 
19 
(4) 
The trial judge shall preside at the videotaped deposition of the child and shall 
20 
rule on all objections and motions as if at trial.  The only other persons who may be 
21 
permitted to be present at the proceeding are: 
22 
(A) the attorney for the Government; 
23 
(B) the defendant’s attorney; 
24 
 
 
7
(C) A defendant's rights under the Sixth Amendment, including the right to 
1 
cross-examine witnesses, must be preserved in all cases where alternative testimony 
2 
is used.  The alternative method shall provide the defendant an opportunity to 
3 
observe and participate in the examination of the witness to the fullest extent 
4 
possible. 
5 
(5) 
The defendant shall be afforded the rights applicable to defendants during 
6 
trial, including the right to an attorney, the right to be confronted with the witness against 
7 
the defendant, and the right to cross-examine the child. 
8 
(6) 
If the preliminary finding of inability under paragraph (2) of this section is 
9 
based on evidence that the child is unable to testify in the physical presence of the 
10 
defendant, the court may order that the defendant, including a defendant represented pro 
11 
se, be excluded from the room in which the deposition is conducted.  If the court orders 
12 
that the defendant be excluded from the deposition room, the court shall order that two-
13 
way closed circuit television equipment relay the defendant’s image into the room in 
14 
which the child is testifying, and the child’s testimony into the room in which the 
15 
defendant is viewing the proceeding, and that the defendant be provided with a means of 
16 
private, contemporaneous communication with the defendant’s attorney during the 
17 
deposition. 
18 
(7) 
The complete record of the examination of the child, including the image and 
19 
voices of all persons who in any way participated in the examination, must be made and 
20 
preserved on video tape in addition to a stenographical recording.  The videotape must be 
21 
transmitted to the clerk of the court in which the action is pending, and must be made 
22 
available for viewing to the prosecuting attorney, the defendant, and the defendant’s 
23 
attorney during ordinary business hours. 
24 
 
 
8
(8) 
The child’s attorney or guardian ad litem appointed under section 3518 of this 
1 
chapter; 
2 
(9) 
Persons necessary to operate the videotape equipment; 
3 
(10) Subject to paragraph (2)(D) of this subsection, the defendant; and 
4 
(11) Other persons whose presence is determined by the court to be necessary to 
5 
the welfare and well-being of the child. 
6 
(c) 
If at the time of trial, the court finds that the child is unable to testify as for a reason 
7 
described in paragraph (2) of this subsection, the court may admit into evidence the child’s 
8 
videotaped deposition in lieu of the child testifying at the trial.  The court shall support a ruling 
9 
under this section with findings on the record. 
10 
(d) 
Upon timely receipt of notice that new evidence has been discovered after the 
11 
original videotaping and before or during trial, the court, for good cause shown, may order an 
12 
additional videotaped deposition.  The testimony of the child must be restricted to the matters 
13 
specified by the court as the basis for granting the order. 
14 
(e) 
In connection with the taking of a videotaped deposition under this section, the court 
15 
may enter a protective order for the purpose of protecting the privacy of the child. 
16 
(f) 
The videotape of a deposition taken under this section must be destroyed five years 
17 
after the date on which the trial court entered its judgment, but not before a final judgment is 
18 
entered on appeal, including Supreme Court review.  The videotape must become part of the 
19 
court record and be kept by the court until it is destroyed. 
20 
§3514.  Competency Examinations  
21 
(a) 
Nothing in this section may be construed to abrogate rule 601 of the Virgin Islands 
22 
Rules of Evidence. 
23 
(b) 
A child is presumed to be competent. 
24 
 
 
9
(c) 
A competency examination regarding a child witness may be conducted by the court 
1 
only upon written motion and offer of proof of incompetency by a party. 
2 
(d) 
A competency examination regarding a child may be conducted only if the court 
3 
determines, on the record, that compelling reasons exist.  A child’s age alone is not a compelling 
4 
reason to conduct a competency examination. 
5 
(e) 
The only persons who may be permitted to be present at a competency examination 
6 
are: 
7 
(1) 
the judge; 
8 
(2) 
the attorney for the Government; 
9 
(3) 
the defendant’s attorney; 
10 
(4) 
a court reporter; and 
11 
(5) 
persons whose presence, in the opinion of the court, is necessary to the welfare 
12 
and well-being of the child, including the child’s attorney, guardian ad litem, or adult 
13 
attendant. 
14 
(f) 
A competency examination regarding a child witness must be conducted out of the 
15 
sight and hearing of a jury. 
16 
(g) 
The court must conduct the competency examination on the basis of questions 
17 
submitted by the attorney for the Government, the defendant’s attorney, including a party acting 
18 
as an attorney pro se.  The court may permit an attorney, but not a party acting as an attorney 
19 
pro se, to examine a child directly on competency if the court is satisfied that the child will not 
20 
suffer emotional trauma as a result of the examination. 
21 
(h) 
The questions asked at the competency examination of a child must be appropriate 
22 
to the age and developmental level of the child, must not be related to the issues at trial, and 
23 
must focus on determining the child’s ability to understand and answer simple questions. 
24 
 
 
10
(i) 
Psychological and psychiatric examinations to assess the competency of a child 
1 
witness may not be ordered without a showing of compelling need. 
2 
§3515. Privacy Protection 
3 
(a) 
A person acting in a capacity described in subsection (b) of this section, in 
4 
connection with a criminal proceeding shall: 
5 
(1) 
keep all documents that disclose the name or any other information 
6 
concerning a child in a secure place to which no person who does not have reason to know 
7 
their contents has access; and 
8 
(2) 
disclose documents described in subsection (c) of this section, or the 
9 
information in them that concerns a child only to persons who, by reason of their 
10 
participation in the proceeding, have reason to know such information. 
11 
(b) 
Subsection (a) of this section applies to: 
12 
(1) 
all employees of the Government connected with the case, including 
13 
employees of the Department of Justice, any law enforcement involved in the case, and 
14 
anyone hired by the Government to provide assistance in the proceeding; 
15 
(2) 
employees of the court; 
16 
(3) 
the defendant and employees of the defendant, including the defendant’s 
17 
attorney and persons hired by the defendant or the defendant’s attorney to provide 
18 
assistance in the proceeding; and 
19 
(4) 
members of the jury. 
20 
(c) 
All papers to be filed in court that disclose the child’s name, or any other information 
21 
concerning a child, must be filed under seal without necessity of obtaining a court order.  The 
22 
person who makes the filing shall submit to the clerk of the court: 
23 
(1) 
the complete paper to be kept under seal; and 
24 
 
 
11
(2) 
the paper with the portions of it that disclose the child’s name, or other 
1 
information concerning the child, redacted to be placed in the public record. 
2 
(d) 
On motion by any person the court may issue an order protecting the child from 
3 
public disclosure of the child’s name, or any other information concerning the child in the course 
4 
of the proceedings, if the court determines that there is a significant possibility that such 
5 
disclosure would be detrimental to the child. 
6 
(e) 
A protective order issued under subsection (d) of this section may: 
7 
(1) 
provide that the testimony of a child witness, and the testimony of any other 
8 
witness, when the attorney who calls the witness has reason to anticipate that the child’s 
9 
name, or any other information concerning a child may be divulged in the testimony, be 
10 
taken in a closed courtroom; and 
11 
(2) 
provide for any other measures that may be necessary to protect the privacy 
12 
of the child. 
13 
(f) 
This section does not prohibit disclosure of the child’s name, or other information 
14 
concerning the child to the defendant, the defendant’s attorney, a multidisciplinary team, 
15 
guardian ad litem, or an adult attendant, or to anyone to whom, in the opinion of the court, 
16 
disclosure is necessary to the welfare and well-being of the child. 
17 
§ 3516. Closing the Courtroom 
18 
When a child testifies, the court may order all persons excluded from the courtroom except 
19 
for the adult attendant, including members of the press, who do not have a direct interest in the 
20 
case.  Such an order may be made if the court determines that requiring the child to testify in 
21 
open court would cause substantial psychological harm to the child, or would result in the child’s 
22 
inability to communicate effectively.  Such an order must be narrowly tailored to serve the 
23 
Government’s specific compelling interest. 
24 
§ 3517. Victim Impact Statement 
25 
 
 
12
In preparing the presentence report pursuant to rule 32(c) of the Virgin Islands Rules of 
1 
Criminal Procedure, the probation officer shall request information from the multidisciplinary 
2 
team and other appropriate sources to determine the impact of the offense on the child victim 
3 
and any other children who may have been affected.  The guardian ad litem, appointed under 
4 
section 3519 of this chapter shall make every effort to obtain and report information that 
5 
accurately expresses the child’s and the family’s views concerning the child’s victimization.  
6 
The guardian ad litem shall use forms that permit the child to express the child’s views 
7 
concerning the personal consequences of the child’s victimization, at a level and in a form of 
8 
communication commensurate with the child’s age and ability. 
9 
§ 3518. Use of Multidisciplinary Teams 
10 
(a) 
The court shall use a multidisciplinary team when it is feasible to do so. The court 
11 
shall work with the Government and its established multidisciplinary teams designed to assist 
12 
child victims and child witnesses, and the court and the attorney for the Government shall 
13 
consult with the multidisciplinary team as appropriate. 
14 
(b) 
The role of the multidisciplinary team is to provide specific services for the child 
15 
including: 
16 
(1) 
medical diagnoses and evaluation services, including provision or 
17 
interpretation of x-rays, laboratory tests, and related services, as needed, and 
18 
documentation of findings; 
19 
(2) 
telephone consultation services in emergencies and in other situations; 
20 
(3) 
medical evaluations related to abuse or neglect; 
21 
(4) 
psychological and psychiatric diagnoses and evaluation services for the child, 
22 
parent or parents, guardian or guardians, or other caregivers, or any other individual 
23 
involved in a child-victim or child-witness case; 
24 
(5) 
expert medical, psychological, and related professional testimony; 
25 
 
 
13
(6) 
case service coordination and assistance, including the location of services 
1 
available from public and private agencies in the community; and 
2 
(7) 
training services for judges, litigators, court officers and others that are 
3 
involved in child-victim and child-witness cases, regarding the appropriate  handling of 
4 
child victims and child witnesses. 
5 
§ 3519. Guardian Ad Litem 
6 
(a) 
In order to protect the best interests of the child, the court shall appoint, and provide 
7 
reasonable compensation and payment for expenses for a guardian ad litem for a child who was 
8 
a victim of a crime involving abuse or exploitation.  The court also may use its discretion to 
9 
appoint and provide reasonable compensation and payment for expenses for a guardian ad litem 
10 
for a child who was a witness to a crime involving abuse or exploitation.  In making the 
11 
appointment, the court shall consider a prospective guardian’s background in, and familiarity 
12 
with, the judicial process, social service programs, and child abuse issues.  The guardian ad 
13 
litem shall not be a person who is or may be a witness in a proceeding involving the child for 
14 
whom the guardian is appointed. 
15 
(b) 
A guardian ad litem may attend all the depositions, hearings, and trial proceedings 
16 
in which the child participates, and make recommendations to the court concerning the welfare 
17 
of the child.  The guardian ad litem may have access to all reports, evaluations and records, 
18 
except attorney’s work product, necessary to effectively advocate for the child.  The extent of 
19 
access to grand jury materials is limited to the access routinely provided to victims and their 
20 
representatives.  A guardian ad litem shall marshal and coordinate the delivery of resources and 
21 
special services to the child.  A guardian ad litem shall not be compelled to testify in any court 
22 
action or proceeding concerning any information or opinion received from the child in the 
23 
course of serving as a guardian ad litem. 
24 
 
 
14
(c) 
A guardian ad litem is presumed to be acting in good faith and is immune from civil 
1 
and criminal liability for complying with the guardian’s lawful duties described in subsection 
2 
(b) of this section. 
3 
§ 3520. Adult Attendant 
4 
(a) 
A child testifying at or attending a judicial proceeding shall have the right to be 
5 
accompanied by an adult attendant to provide emotional support to the child.  The court may 
6 
allow the adult attendant to remain in close physical proximity to or in contact with the child 
7 
while the child testifies.  The court may allow the adult attendant to hold the child’s hand.  An 
8 
adult attendant may not provide the child with an answer to any question directed to the child 
9 
during the child’s testimony or otherwise prompt the child.  The image of the child attendant, 
10 
for the time the child is testifying or being deposed, must be recorded on videotape. 
11 
(b) 
Upon court approval, the child may be accompanied by an emotional support animal 
12 
during the proceedings.  The inclusion of a support animal as part of the child’s support system 
13 
must adhere to the Court’s established guidelines to maintain decorum. 
14 
(c) 
The Court shall take into consideration the specific needs and preferences of the 
15 
child to ensure the child’s comfort.  The Court shall also ascertain the effectiveness of the 
16 
support provided by the adult attendant or support animal. 
17 
(d) 
To document the child’s statements and disposition, the child’s testimony or 
18 
deposition must be videotaped.” 
19 
§ 3520a. Speedy Trial 
20 
In a proceeding in which a child is called to give testimony, on motion by the attorney for 
21 
the Government or a guardian ad litem, or on its own motion, the court may designate the case 
22 
as being of special public importance.  In cases so designated, the court shall, consistent with 
23 
these rules, expedite the proceeding and ensure that it takes precedence over any other.  The 
24 
 
 
15
court shall ensure a speedy trial in order to minimize the length of time the child must endure 
1 
the stress of involvement with the criminal process.  When deciding whether to grant a 
2 
continuance, the court shall take into consideration the age of the child and the potential adverse 
3 
impact the delay may have on the child’s well-being.  The court shall make written findings of 
4 
fact and conclusions of law when granting a continuance in cases involving a child. 
5 
§ 3520b. Stay of Civil Action 
6 
If, at any time that a cause of action for recovery of compensation for damage or injury to 
7 
the person of a child exists, a criminal action is pending which arises out of the same occurrence 
8 
and in which the child is the victim, the civil action shall be stayed until the end of all phases of 
9 
the criminal action, and any mention of the civil action during the criminal proceeding is 
10 
prohibited.  As used in this section, a criminal action is pending until its final adjudication in 
11 
the trial court. 
12 
§ 3520c Testimonial Aids 
13 
The court may permit a child to use anatomical dolls, puppets, drawings, mannequins, or 
14 
any other demonstrative device the court deems appropriate for the purpose of assisting a child 
15 
in testifying. 
16 
§3520d. Prohibition on Reproduction of Child Pornography 
17 
(a) 
In any criminal proceeding, any property or material that constitutes child 
18 
pornography, as defined by title 18, section 2256 of the United States Code, must remain in the 
19 
care, custody, and control of either the Government or the court. 
20 
(b) 
Notwithstanding rule 16 of the Virgin Islands Rules of Criminal Procedure, a court 
21 
shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, 
22 
duplicate, or otherwise reproduce any property or material that constitutes child pornography, 
23 
 
 
16
as defined by title 18, section 2256 of the United States Code, so long as the Government makes 
1 
the property or material reasonably available to the defendant. 
2 
(c) 
For the purposes of subsection (b) of this section, property or material is deemed to 
3 
be reasonably available to the defendant if the Government provides ample opportunity for 
4 
inspection, viewing, and examination at a Government facility of the property or material by the 
5 
defendant, the defendant’s attorney, and any individual the defendant may seek to qualify to 
6 
furnish expert testimony at trial.” 
7 
SECTION 2.  Title 5 Virgin Islands Code, chapter 301, subchapter IV, section 3510 is 
8 
repealed. 
9 
BILL SUMMARY 
10 
Section 1 of this Bill amends title 5, subtitle 3, chapter 301 of the Virgin Islands Code, by 
11 
adding a new chapter 301A creating the Child Victims’ and Child Witnesses’ Rights Act.  The 
12 
new chapter is divided into fourteen sections.  Internal section 3511 lists the short title of the 
13 
Act.  Section 3512 defines terms as used in the new chapter.  Section 3513 provides for 
14 
alternatives to live in-court testimony for child victims and child witnesses.  Section 3514 
15 
requires competency examinations for child victims and witnesses.  Section 3515 outlines the 
16 
privacy requirements of the chapter.  Section 3516 mandates the closure of the courtroom when 
17 
a child victim or witness is testifying.  Section 3517 requires the preparation of a victim impact 
18 
statement.  Section 3518 allows for the use of multidisciplinary child abuse teams when feasible.  
19 
Section 3519 allows for the appointment of guardians ad litem for child victims and witnesses.  
20 
Section 3520 gives the child victim or witness the right to have an adult attendant present for 
21 
emotional support.  Section 3520a allows for speedy trial motions when a child is required to 
22 
testify in a matter.  Section 3520b stays civil actions until the final adjudication of the criminal 
23 
proceeding.  Section 3520c allows for the use of testimonial aids for assistance in testifying. 
24 
Finally, section 3520d prohibits the reproduction of child pornography and mandates that such 
25 
 
 
17
material stays in the custody and control of the Government or the court.  Section 2 of this Bill 
1 
repeals 5 V.I.C. §3510. 
2 
BR23-0189/February 15, 2023/HLF 
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..\..\..\..\AMENDS\35th Legislature\BOLQUES, JR, ANGEL L\Amendment 35-724\35-724-
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(REVISED l ) DRAFTED ON YELLOW.docx 
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