AB 43

This bill creates a requirement that a court expedite proceedings in criminal

and delinquency cases and juvenile dispositional hearings involving a victim or

witness who is an elder person. Under the bill, the court must take appropriate

action to ensure a speedy trial in order to minimize the length of time the elder person

must endure the stress of involvement in the proceedings.

This bill also creates a requirement that a court preserve certain testimony in

criminal matters involving a victim or witness who is an elder person. Under the bill,

in criminal and delinquency cases and juvenile dispositional hearings involving a

victim or witness who is an elder person, the prosecuting attorney may file a motion

to preserve the testimony of the elder person. If the prosecuting attorney files such

a motion, the court must then hold a hearing to record the testimony of the elder

person within 60 days. The bill requires the defendant to be present at the hearing

and the witness to be subject to cross-examination at the hearing. The recorded

testimony of the elder person from the hearing is admissible at later court

proceedings in the case. Under the bill, an elder person is any person who is 60 years

of age or older.