Photo: Walter Bibikow / DigitalVision / Getty Images
(Des Moines, IA) -- A proposed amendment to the Iowa Constitution, allowing children to testify against their alleged abusers via closed-circuit television, is past its first hurdle. The amendment was originally filed by Iowa Attorney General Brenna Bird in response to Iowa v. White, which affirmed the defendant's constitutional right to see their accusers in court. In a statement, Bird says many kids can't testify in this setting.
“It’s hard enough for kids to talk to groups of people about good things that happen to them, let alone bad ones," Bird says. "And as a prosecutor, I know that restoring these protections is critical in preventing kids from getting too scared to testify, cases from getting dropped, and abusers from walking free."
The proposal passed the Iowa House and Senate with bipartisan support, but it also had bipartisan opposition in the lower chamber. State Rep. Charley Thomson (R-Charles City) says he believes the problem is real, but he doesn't think the amendment is going in the right direction.
"The last five words of the amendment open the door wide to mischief by future legislatures," Thomson says. "I'm not accusing anyone of any ill intent. I just think if we're going to be amending the constitution we should do it properly."
It's also the second piece of legislation on this issue that has passed this year. Earlier in the session, the Iowa House passed a bill that would've allowed two-way, closed circuit television where the defendant and the accuser could see each other through the screen. That bill didn't gain traction in the state Senate. State Rep. Steven Holt (R-Denison) says the amendment version is necessary long term because the Supreme Court didn't make clear whether or not two way video would satisfy the requirement.
"From my perspective with the Supreme Court having struck down what was done in the past but giving us no guidance as to what their expectation is," Holt says. "Then, we can pass this constitutional amendment and if it's challenged then we're rolling the dice because we kind of weren't given a lot of options...they've left us in kind of a conundrum as we try to protect children in the courts."
In order to be applied to the state's constitution, the amendment must be passed by a second General Assembly, or after the 2026 election, and then be approved by voters.