HF 987

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal procedure; providing for use of 
  1.3             interactive video systems at first appearances and 
  1.4             arraignments; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 630.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [630.121] [USE OF INTERACTIVE VIDEO SYSTEMS IN 
  1.8   CRIMINAL ARRAIGNMENTS.] 
  1.9      Notwithstanding any statute or rule of criminal procedure 
  1.10  to the contrary, a district court may, in the discretion of the 
  1.11  court, conduct a first appearance of a defendant in a criminal 
  1.12  prosecution under rule 5 of the Rules of Criminal Procedure, 
  1.13  including an appearance consolidated with an appearance under 
  1.14  rule 8 of the Rules of Criminal Procedure, by use of an 
  1.15  interactive video system, provided that all of the following 
  1.16  conditions are met:  
  1.17     (1) the defendant must have adequate opportunity to consult 
  1.18  with counsel, including an opportunity for counsel to be 
  1.19  physically present with the defendant during the appearance; 
  1.20     (2) the physical environment in which the defendant may be 
  1.21  viewed on the video screen shall be consistent with the 
  1.22  appearance and decorum of a courtroom; and 
  1.23     (3) the defendant shall be able to fully observe and 
  1.24  participate in all relevant proceedings concerning the 
  1.25  defendant's court appearance to the same extent as if the 
  2.1   defendant was physically present before the court.