MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
AN ACT TO CREATE SECTION 45-1-30, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EXPERT TESTIMONY FROM THE CRIME LABORATORY TO BE TAKEN BY VIDEO MEANS IN CRIMINAL CASES; TO PROVIDE MINIMUM REQUIREMENTS FOR TAKING TESTIMONY BY VIDEO MEANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 45-1-30, Mississippi Code of 1972:
45-1-30. (1) In any criminal case at which a certifying scientist, criminalist, laboratory scientist or technical specialist from the Mississippi Crime Laboratory is summoned to testify, either party may take the testimony of the scientist, criminalist or specialist by video teleconference, video link or other visual remote technology provided that the testimony is limited to the expert testimony or to the results of and matters relating to tests conducted at the Mississippi Crime Laboratory. Examination and cross-examination of the scientist, criminalist or specialist shall proceed in the same manner as permitted at trial as though the witness were testifying in the courtroom.
(2) Any video conferencing system utilized under this section must conform to the following minimum requirements:
(a) All participants must be able to see, hear and communicate with each other simultaneously;
(b) All participants must be able to see, hear and otherwise observe any physical evidence or exhibits presented during the proceedings, either by video, facsimile or other method; and
(c) Video quality must be adequate to allow participants to observe each other's demeanor and nonverbal communications.
(3) A record of any proceedings conducted by video conference shall be made in the same manner as all such similar proceedings not conducted by video conference. However, upon the consent of all parties that portion of the proceedings conducted by video conference may be recorded by an audio visual recording system, such recording shall be part of the record of the case transmitted to courts of appeal as if part of a transcript.
(4) Any documents a party wishes to introduce into evidence through a party or witness appearing by video conference shall, where practicable, be provided in advance to the witness. Exact duplicates shall be provided to opposing counsel with an affirmation on the record by the party introducing the copies that they are true and correct copies of the documents provided to the witness who will be appearing by video conference.
(5) Provision shall be made by the court to preserve the confidentiality of attorney-client communications and privilege in accordance with Mississippi law. In all criminal proceedings, the defendant and defense counsel shall be provided with a private means of communication when necessary.
(6) In the event each of the above technical requirements are not met, the court may order a witness' personal appearance in court for testimony.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.