P.R. Laws Ap. tit. 34A, § II, Rule 131.2
In every procedure involving a crime committed against a minor or in which the minor is a witness, the Prosecutor, the guardian ad litem of the minor, parents, legal tutor or custodian of the minor may request the court, before the trial, to order that the testimony of the minor be given through a deposition and that the same is recorded and preserved in any reliable recording system according to the following rules:
(1) The court shall evaluate the petition and shall make a preliminary determination regarding the availability of the minor to testify in open court and in the presence of the defendant, the judge and the jury, taking into consideration the following circumstances:
(a) That the minor feels fearful or intimidated.
(b) That through an expert testimony, it has been established that his/her testimony in open court would cause an emotional trauma to the minor.
(c) That the minor suffers a mental disability or disease or impairment. In the case of persons over eighteen (18) years of age, the disability or impairment must be previously determined judicially, or shall be established through expert testimony or by stipulation between the parties.
(d) That it has been proven that the defendant or his/her lawyer have incurred in a conduct that prevents the minor from continuing his testimony.
When the court finds that it is impossible for the minor to continue testifying in open court for any of the circumstances listed, it shall order that the deposition of the testimony of the minor be taken and recorded on a video tape. If the preliminary determination of the inability to testify is based on the provisions of clause (a) of this subsection and the evidence shows that the minor is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant who has assumed his own defense (pro se), shall be removed from the place where the deposition is being taken. In this case, provisions shall be made for the installation of a one or two-way closed circuit television system, which allows the defendant to observe the minor and communicate with his/her legal representative in private and while the deposition is being taken.
(2) The judge shall preside over the deposition of the minor, who shall declare under oath or affirmation after due admonishments, and shall adjudicate any questions set forth or objections raised during the taking thereof. Only the following persons shall be present during the deposition:
(a) The prosecutor.
(b) The defense attorney.
(c) The minor’s attorney or his/her legal guardian.
(d) The operators of the recording equipment.
(e) The defendant, except when disqualified under the provisions of subsection (1)(d) of this rule.
(f) Any other support personnel, as the term is defined in Rule 131.3 of this appendix, whose presence contributes to the welfare of the minor, as determined by the court.
(g) Officers of the court responsible for security.
The constitutional rights of the defendant shall be guaranteed, including the right to legal counsel, to cross examine the witnesses for the prosecution and the right to cross examine the minor.
(3) A complete record of the examination of the minor shall be kept, including the images and voices of all persons who participated in the examination, which shall be preserved on any reliable recording system, in addition to being reproduced on a double video tape sound recorder or other digital recording means. The recording shall be delivered to the Clerk of the Court in which the case is being seen and shall be available for examination by the parties during working hours.
(4) If when the trial begins, the court determines that the minor is unable to testify for any of the circumstances established in this rule, the court shall admit as evidence the recording of the deposition of the minor, in substitution of his/her testimony in open court. The court shall base its determination on this rule and on the findings that it establishes for the record.
(5) Any of the parties, when notified of the discovery of new evidence once the deposition has been recorded, and before or during the trial, may request the court, upon determination of just cause, to take an additional deposition to be recorded by any reliable recording system. The testimony of the minor shall be limited to the matters authorized by the Judge in the order.
(6) In everything that is related to the taking of a deposition recorded on video tape or other digital recording means under this rule, the court may issue a protecting order that guarantees the right to privacy of the minor.
(7) The video tape or other digital recording means used for the taking of the deposition under this rule shall be destroyed five (5) years after the sentence in the case has been issued, unless an appeal of the sentence is pending. The tape shall be part of the record and shall remain in the custody of the court until the time of its destruction.
History —Added on Aug. 15, 1998, No. 247, § 2, eff. 30 days after Aug. 15, 1998.