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2005 SESSION

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CHAPTER 51 An Act to amend the Code of Virginia by adding sections numbered 16.1-345.1 and 37.1-67.7, relating to use of electronic communication for certain proceedings. [H 578] Approved March 20, 2005

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 16.1-345.1 and 37.1-67.7 as follows:

§ 16.1-345.1. Use of electronic communication.

A. Petitions and orders for emergency custody pursuant to § 37.1-67.01, temporary detention pursuant to § 37.1-67.1, and involuntary commitment pursuant to § 16.1-341 of minors may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. All signatures thereon shall be treated as original signatures.

B. Any juvenile and domestic relations court judge may conduct proceedings pursuant to § 16.1-344 using any two-way electronic video and audio communication system to provide for the appearance of any parties and witnesses. Any two-way electronic video and audio communication system used to conduct a proceeding shall meet the standards set forth in subsection B of § 19.2-3.1. When a witness whose testimony would be helpful to the conduct of the proceeding is not able to be physically present, his testimony may be received using a telephonic communication system.

§ 37.1-67.7. Use of electronic communication.

A. Petitions and orders for emergency custody pursuant to § 37.1-67.01, temporary detention pursuant to § 37.1-67.1, emergency custody and temporary detention pursuant to § 37.1-134.21, and emergency custody of conditionally released persons pursuant to § 37.1-70.14 may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. All signatures thereon shall be treated as original signatures.

B. Any judge or special justice may conduct proceedings pursuant to this article or § 37.1-134.21 using any two-way electronic video and audio communication system to provide for the appearance of any parties and witnesses. Any two-way electronic video and audio communication system used to conduct a proceeding shall meet the standards set forth in subsection B of § 19.2-3.1. When a witness whose testimony would be helpful to the conduct of the proceeding is not able to be physically present, his testimony may be received using a telephonic communication system.