Panel backs bill easing standard for children to testify via closed-circuit TV

The Virginia House criminal subcommittee reported House Bill 1728 as substituted to the Appropriations Committee by a vote of 19 to 3.

The bill, sponsored in the transcript as House Bill 1728, revises standards for admitting testimony from minor victims or witnesses by two‑way closed‑circuit television (CCTV). Under the substitute described in committee, one factor the court must consider is "the court's finding by clear and convincing evidence based upon expert opinion testimony that the child will suffer at least moderate emotional trauma as a result of testifying in the defendant's presence and not in the courtroom generally." The substitute restores language in one subsection while changing the factor in another to the "moderate" standard described in committee materials.

Supporters said the substitute reflects years of stakeholder work and aims to create a more trauma‑informed courtroom while preserving judicial safeguards. Delegate Delaney told the committee, "this has been a long work in progress to get this bill back to where it currently is. I hope that, with the provisions that we have laid out in this substitute will create a more trauma informed courtroom by having more opportunities for the court to simply be petitioned to allow a child to testify via CCTV when, you know, a standard a still relatively high standard of trauma is is met." Delegate Kilgore asked why the substitute lowered the standard from "severe" to "at least moderate," saying, "Severe is a higher standard, moderate, maybe lower standard." Delaney responded that the "severe" standard was tied to case law showing very serious effects (self‑harm, suicidal ideation) and that stakeholders concluded a "moderate" standard was a reasonable balance.

Committee discussion noted the bill's multi‑year development and stakeholder negotiations. The substitute also makes technical edits to subsection language and was circulated to members and posted on the Legislative Information System (LIS), according to committee staff remarks.

The committee voted to report the bill by substitute and refer it to Appropriations.

Votes at a glance: HB 1728 (substitute) —3 Reported and referred to Appropriations, 19 yes, 3 no.

What the bill would do: permit courts to admit testimony from a minor via two‑way CCTV when the court, by clear and convincing evidence and based on expert testimony, finds the child would suffer at least moderate emotional trauma from testifying in the defendant's presence.

Next steps: The bill will be considered by the Appropriations Committee; the transcript records the subcommittee's report and referral but does not include further committee actions or enactment steps.