Page:United States Statutes at Large Volume 104 Part 6.djvu/413

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4803 who, by reason of their participation in the proceeding, have reason to know such information. "(B) Subparagraph (A) applies to— "(i) all employees of the Government connected with the case, including employees of the Department of Justice, any law enforcement agency involved in the case, and any person hired by the government to provide assistance in the proceeding; "(ii) employees of the court; "(iii) the defendant and employees of the defendant, ^ including the attorney for the defendant and persons hired ^ by the defendant or the attorney for the defendant to provide assistance in the proceeding; and "(iv) members of the jury. "(2) FiliNG UNDER SEAL.— Al l papers to be filed in court that disclose the name of or any other information concerning a child shall be filed under seal without necessity of obtaining a court order. The person who makes the filing shall submit to the clerk of the court— "(A) the complete paper to be kept under seal; and "(B) the paper with the portions of it that disclose the Public name of or other information concerning a child redacted, information, to be placed in the public record. "(3) PROTECTIVE ORDERS.— (A) On motion by any person the court may issue an order protecting a child from public disclosure of the ngmie of or any other information concerning the child in the course of the proceedings, if the court determines that there is a significant possibility that such disclosure would be detrimental to the child. "(B) A protective order issued under subparagraph (A) may— "(i) provide that the testimony of a child witness, and the testimony of any other witness, when the attorney who ^- calls the witness has reason to anticipate that the name of or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; / and "(ii) provide for any other measures that may be necessary to protect the privacy of the child. "(4) DISCLOSURE OF INFORMATION. —This subdivision does not prohibit disclosure of the name of or other information concerning a child to the defendant, the attorney for the defendant, a multidisciplinary child abuse team, a guardian ad litem, or an ( adult attendant, or to anyone to whom, in the opinion of the court, disclosure is necessary to the welfare and well-being of the child. "(e) CLOSING THE COURTROOM. —When a child testifies the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring the child to testify in open court would cause substantial psychological harm to the child or would result in the, child's inability to effectively communicate. Such an order shall be narrowly tailored to serve the government's specific compelling interest. "(f) VICTIM IMPACT STATEMENT.— In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the