Delegate Oates presented HB 1839 to allow judges discretion to permit one additional person to remain in closed evidentiary “shield” hearings supporting the complaining witness. The sponsor said the proposal responds to trauma‑informed practices and aims to reduce re‑traumatization when victims testify.

Committee members questioned whether judges would be able to assess whether a chosen support person was appropriate, noting risk that an apparent supporter could exert undue influence over a victim. Delegate Delaney asked whether a judge is qualified to make that assessment and whether notice procedures should be added. Carrie Koehler, a senior assistant attorney general with prosecution experience, advised the committee that involving victim advocates and giving advance notice would help mitigate the risk that a purported support person might actually be complicit in a victim’s harm.

Brian Haskins, who testified in support and described prosecutors’ experience with shield hearings, said the proceeding protects victims from salacious allegations and that allowing a support person can help victims provide testimony. Survivor Samantha Solar spoke about her experience of attending a shield hearing alone and urged passage: “Having someone in their corner and present in the courtroom or disposition process may seem simple, but it makes a huge impact when you feel as if you are all alone.”

Committee counsel raised two procedural concerns: (1) the existing closed preliminary‑hearing code applies to both complaining witnesses and the accused, while the bill would apply only to the Commonwealth’s complaining witness; and (2) the bill, as drafted, provides no notice procedure to permit the court and the other side to vet a proposed support person before the hearing. Counsel recommended adding a notice provision.

As chair prerogative, the chair moved that HB 1839 “go by for the day” while the sponsor and counsel work through the questions raised. The committee voted to go by for the day.

Ending: Sponsor expressed willingness to accept an amendment limiting support persons to professionals; counsel and the chair requested drafts that include notice procedures and clarify scope before the bill returns to the subcommittee.