Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for Senate Bill No. 2543

BY: Senator(s) England

     AMEND by deleting the language on lines 309 through 329 and inserting in lieu thereof the following:

(4)  (a)  In criminal trials where the testimony of a current or former State Medical Examiner, Deputy State Medical Examiner, or member of the Mississippi Forensics Laboratory is needed, the use of audiovisual communications equipment to present such testimony remotely is allowed when the state has provided written notice to the defendant at least ninety (90) days prior to trial of its intent to present such remote testimony, and the defendant provides no written objection within fourteen (14) days of receiving such notice.  Should the defendant object, the remote testimony shall only be permitted upon a finding by the court that the rights of the defendant to confront the witness against the defendant is not violated, that compelling circumstances exist to allow such remote testimony, and that the remote testimony can be provided with appropriate safeguards so as to assure the reliability of the testimony of the witness during the trial.

(b)  All persons qualified to administer an oath in the State of Mississippi may swear a witness remotely by audio-video communication technology, provided they can positively identify the witness and they are able to both see and hear the witness via audiovisual communications equipment.

     FURTHER, AMEND on line 584 by deleting the following language:

, and shall stand repealed on June 30, 2022