Tennessee House Bill HB2099

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26
• Refer: 2/5/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 39, relative to victim testimony.

Impact

The implications of HB2099 could be significant for court procedures involving child witnesses. By allowing for testimonial proceedings to occur without the physical presence of the defendant, this bill aims to enhance the court's ability to prioritize the well-being of child victims. Furthermore, it mandates that judges must ensure that taking testimony via two-way CCTV does not unduly prejudice the defendant, therefore attempting to balance the needs of victim protection with the rights of the accused.

Summary

House Bill 2099 aims to amend sections of the Tennessee Code related to the testimony of child victims in court. It introduces provisions to alleviate the potential trauma that children under the age of thirteen may experience when testifying in the presence of a defendant during legal proceedings. The bill establishes a rebuttable presumption that the presence of the defendant could cause emotional distress to the child, making it difficult for them to communicate effectively. This could serve to protect vulnerable child witnesses from additional psychological harm during trials.

Contention

While the bill presents clear benefits in terms of trauma reduction for child witnesses, there may be points of contention regarding the fairness of trial processes. Opponents might argue that removing the defendant from the courtroom could undermine the rights to a fair trial, as it may limit the defendant's ability to confront their accuser. Therefore, the stipulation for the trial judge to evaluate potential prejudices presents a crucial aspect of the bill, which may engender discussions on legal rights and child welfare.