Section 561.031

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 561

Effective - 28 Aug 2009   

  561.031.  Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when — requirements. — 1.  In the following proceedings, the provisions of section 544.250, 544.270, 544.275, 546.030, or of any other statute, or the provisions of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01, 29.07, 31.02, 31.03, 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58, 37.59, and 37.64 to the contrary notwithstanding, when the physical appearance in person in court is required of any person, such personal appearance may be made by means of two-way audio-visual communication, including but not limited to closed circuit television or computerized video conferencing; provided that such audio-visual communication facilities provide two-way audio-visual communication between the court and the person:

  (1)  First appearance before an associate circuit judge on a criminal complaint;

  (2)  Waiver of preliminary hearing and preliminary hearing with consent of the defendant;

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

  (4)  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;

  (5)  Any pretrial or posttrial criminal proceeding not allowing the cross-examination of witnesses;

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

  (7)  Sentencing after entry of a plea of guilty;

  (8)  Any civil proceeding other than trial by jury;

  (9)  Any civil or criminal proceeding which is not required to be a matter of record; and

  (10)  Any civil or criminal proceeding by the consent of the parties.

  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 any governmental entity or place of custody or confinement provide a two-way audio-visual communication system.

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(L. 1988 H.B. 1344 § 1, A.L. 1990 H.B. 974 merged with S.B. 558, A.L. 1999 H.B. 257, A.L. 2009 H.B. 62 merged with H.B. 481)