Bill Text: VA HB1759 | 2021 | Regular Session | Introduced
Bill Title: Personal appearance by 2-way electronic video/audio communication; at or after trial before judge.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Courts of Justice [HB1759 Detail]
Download: Virginia-2021-HB1759-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §19.2-3.1 of the Code of Virginia is amended and reenacted as follows:
§19.2-3.1. Personal appearance by two-way electronic video and audio communication; standards.
A. Where an appearance is required or permitted (i) before a magistrate,
intake officer, or, prior to trial, before a
judge, or
(ii) at or after trial before
a judge (a) with
the consent of the defendant and the Commonwealth and (b) if the
defendant has waived his right to be present at trial and the
court ascertains that such waiver is voluntary and intelligently made,
the appearance may be by (i) (a)
personal appearance before the magistrate, intake officer,
or judge or (ii) (b)
use of two-way electronic video and audio communication. If two-way electronic
video and audio communication is used, a magistrate, intake officer, or judge may exercise all
powers conferred by law and all communications and proceedings shall be
conducted in the same manner as if the appearance were in person. If two-way
electronic video and audio communication is available for use by a district
court for the conduct of a hearing to determine bail or to determine
representation by counsel, the court shall use such communication in any such
proceeding that would otherwise require the transportation of a person from
outside the jurisdiction of the court in order to appear in person before the
court. Any documents transmitted between the magistrate, intake officer, or
judge and the person appearing before the magistrate, intake officer, or judge
may be transmitted by electronically transmitted facsimile process or other
electronic method. The facsimile or other electronically generated document may
be served or executed by the officer or person to whom sent, and returned in
the same manner, and with the same force, effect, authority, and liability as
an original document. All signatures thereon shall be treated as original
signatures.
B. Any two-way electronic video and audio communication system used for an appearance shall meet the following standards:
1. The persons communicating must simultaneously see and speak to one another;
2. The signal transmission must be live, real time;
3. The signal transmission must be secure from interception through lawful means by anyone other than the persons communicating; and
4. Any other specifications as may be promulgated by the Chief Justice of the Supreme Court.
C. Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.
2. That an emergency exists and this act is in force from its passage.