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2017 SESSION
17102191DBe 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. 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.