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Senate OKs bill to restrict cross-exam of child sex abuse victim Friday, Jan 26, 2007 By Doug Thompson LITTLE ROCK - The Senate approved legislation Thursday that would restrict cross-examination of children by defendants accused of sexually abusing them. The House approved a $500,000 appropriation to replenish the governor's emergency fund, which was drained by former Gov. Mike Huckabee before he left office on Jan. 9. Senate Bill 12 by Sen. Paul Miller, D-Melbourne, would allow the presiding judge in a child sexual abuse case in which a defendant represents himself to appoint an attorney just for the purpose of cross-examining the alleged victim. Miller said the bill was drafted after the conviction of Carl Edward Willis of Fort Smith in Sebastian County Circuit Court. Willis, acting as his own attorney, cross-examined his juvenile accuser with sexually explicit questions. Miller said when the bill was heard in committee that he almost became ill when he read questions Willis asked during cross-examination. Opponents say the measure almost certainly violates a 1975 U.S. Supreme Court decision that a court cannot force an attorney on an unwilling defendant. "You are aware that if you pass this law and if some future defendant wins his case upon appeal, based on that Supreme Court decision, he could go free?" Sen. Robert Thompson, a former prosecutor, asked Miller during debate on the bill. Miller said he believed the abuse being addressed by the bill was so severe that it would pass a court test. The legal definition of child would be 12 years old or younger, he said. The bill passed the Senate, 35-0. It goes to the House. The Senate also approved a $210,000 supplemental appropriation for state Treasurer Martha Shoffner's office to pay off a contract for a computer system purchased last year by her predecessor. The bill goes to the House. Meanwhile, the House voted 96-0 with little discussion to approve House Bill 1200, which would appropriate $500,000 to the governor's emergency fund. Last week, the Joint Budget Committee voted down the request after learning Huckabee exhausted the fund on largely non-emergency matters before leaving office. This week, the budget panel reversed itself and endorsed the $500,000 appropriation for Beebe's use through the end of the fiscal year. Also Thursday, the House approved HB 1022 by Rep. Bill Sample, R-Hot Springs, which would allow counties to charge a $20 "booking and administrative fee" on every person convicted of a felony or a Class A misdemeanor. Proceeds would go for operations and maintenance of county jails and regional detention facilities. The vote was 96-2. The bill goes to the Senate. Other measures approved by the House on Thursday include: -HB 1157 by Rep. David Wyatt, D-Batesville, which would amend state law to allow step-grandparents and former step-grandparents to petition a circuit judge for visitation rights with respect to their step-grandchildren or step-grandparents. The measure was approved 57-40. -HB 1140 by Rep. Jeff Wood, D-Sherwood, which would allow, among things, a commanding officer of the Arkansas National Guard to impose a fine of up to 10 days' pay instead of the current maximum fine of $50. The vote was 96-0. -HB 1176 by Rep. Beverly Pyle, R-Cedarville, which would allow cities with more than 2,500 residents to use trained civilian employees to investigate minor traffic accidents and to write traffic citations. |
