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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 [ in
general district court for the purposes of determining bail or representation,
] 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.