2006 Code of Virginia § 19.2-3.1 - Personal appearance by two-way electronic video and audio communication; standards

19.2-3.1. Personal appearance by two-way electronic video and audiocommunication; standards.

A. Where an appearance is required or permitted before a magistrate, intakeofficer 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-wayelectronic video and audio communication is used, a magistrate, intakeofficer or judge may exercise all powers conferred by law and allcommunications and proceedings shall be conducted in the same manner as ifthe appearance were in person, and any documents transmitted between themagistrate, intake officer, or judge and the person appearing before themagistrate, intake officer, or judge may be transmitted by electronicallytransmitted facsimile process. The facsimile may be served or executed by theofficer or person to whom sent, and returned in the same manner, and with thesame force, effect, authority, and liability as an original document. Allsignatures thereon shall be treated as original signatures.

B. Any two-way electronic video and audio communication system used for anappearance 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 lawfulmeans by anyone other than the persons communicating; and

4. Any other specifications as may be promulgated by the Chief Justice of theSupreme Court.

(1991, c. 41; 1996, cc. 755, 914; 2006, c. 285.)