                                 CODE OF VIRGINIA

PERSONAL APPEARANCE BY TWO-WAY ELECTRONIC VIDEO AND AUDIO COMMUNICATION;
STANDARDS (§ 19.2-3.1)

A. Where an appearance is required or permitted before a magistrate, intake
officer, or, prior to trial, 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. With the consent of the court
and all parties, an appearance in a court may be made by two-way electronic
video and audio communication for the purpose of (a) entry of a plea of guilty
or nolo contendere and the related sentencing of the defendant charged with a
misdemeanor or felony, (b) entry of a nolle prosequi or dismissal, (c) a
revocation proceeding pursuant to &#xA7; 19.2-306, or (d) waiver of a
preliminary hearing.
			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.

C. Nothing in this section shall be construed as requiring a locality to
purchase a two-way electronic video and audio communication system. Any decision
to purchase such a system is at the discretion of the locality.

HISTORY: 1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010,
c. 800; 2017, c. 669; 2021, Sp. Sess. I, c. 86; 2023, c. 468.