SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
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 before a
magistrate, intake officer or, prior to trial, before a judge, the appearance
may be by (i) personal appearance before the magistrate, intake officer or
judge or (ii) 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, and any. 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. The facsimile 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.