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2009 SESSION
098034338Be 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
judge in any such criminal proceeding,
the judge shall use such communication in any 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.