MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Smith

AN ACT TO PERMIT APPEARANCE IN COURT BY MEANS OF CLOSED CIRCUIT TELEVISION RATHER THAN PERSONAL, PHYSICAL APPEARANCE, UNDER CERTAIN CIRCUMSTANCES; TO ENACT CERTAIN LIMITATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) When the physical appearance in person in court is required of any person held in a place of custody or confinement operated by the state or any of its political subdivisions, such personal appearance may be made by means of closed circuit television from the place of custody or confinement, provided that such television facilities provide two-way audio-visual communication between the court and the place of custody or confinement and that a full record of such proceedings be made by split-screen imaging and recording of the proceedings in the courtroom and the place of confinement or custody in addition to such other record as may be required, in the following proceedings:

(a) Initial appearance before a judge on a criminal complaint;

(b) Waiver of preliminary hearing;

(c) Arraignment on an information or indictment where a plea of not guilty is entered;

(d) Arraignment on an information or indictment where a plea of guilty is entered upon waiver of any right such person might have to be physically present;

(e) Any pretrial or post-trial criminal proceeding not allowing the cross-examination of witnesses;

(f) Sentencing after conviction at trial upon waiver of any right such person might have to be physically present;

(g) Sentencing after entry of a plea of guilty; and

(h) Any civil proceeding other than trial by jury.

(2) This section shall not prohibit other appearances via closed circuit television upon waiver of any right such person held in custody or confinement might have to be physically present.

(3) Nothing contained in this section shall be construed as establishing a right for any person held in custody to appear on television or as requiring that a place of custody shall provide a two-way audio-visual communication system.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.