46-24-106. Crime victims -- family members -- right to attend proceedings -- exceptions. (1) Except as provided in subsection (2), a victim of a criminal offense has the right to be present during any trial or hearing conducted by a court that pertains to the offense, including a court proceeding conducted under Title 41, chapter 5. A victim of a criminal offense may not be excluded from any trial or hearing based solely on the fact that the victim has been subpoenaed or required to testify as a witness in the trial or hearing.
     (2) A judge may exclude a victim of a criminal offense from:
     (a) a trial or hearing upon the finding of specific facts supporting exclusion or for disruptive behavior; or
     (b) a portion of a proceeding under Title 41, chapter 5, that deals with sensitive personal matters of a youth or a youth's family and that does not directly relate to the act or alleged act committed against the victim.
     (3) If a victim is excluded from a trial or hearing upon the finding of specific facts supporting exclusion, the victim must be allowed to address the court on the issue of exclusion prior to the findings.
     (4) A family member of a victim may not be excluded from a trial or hearing based solely on the fact that the family member is subpoenaed or required to testify as a witness in the trial or hearing unless there is a showing that the family member can give relevant testimony as to the guilt or innocence of the defendant or that the defendant's right to a fair trial would be jeopardized if the family member is not excluded.
     (5) As used in this section, "victim" means:
     (a) a person who suffers loss of property or bodily injury as a result of:
     (i) the commission of an offense;
     (ii) the good faith effort to prevent the commission of an offense; or
     (iii) the good faith effort to apprehend a person reasonably suspected of committing an offense; or
     (b) a member of the immediate family of a homicide victim.

     History: En. Sec. 1, Ch. 104, L. 2001.