HF 2920

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; allowing interactive 
  1.3             video appearances by parties in certain juvenile 
  1.4             proceedings; amending Minnesota Statutes 1999 
  1.5             Supplement, section 260B.163, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   260B.163, is amended by adding a subdivision to read: 
  1.9      Subd. 11.  [APPEARANCE BY INTERACTIVE VIDEO 
  1.10  CONFERENCING.] A party required or authorized to appear at a 
  1.11  hearing under this section may appear by the use of interactive 
  1.12  video conferencing. 
  1.13     (a) A party appearing by interactive video shall sign a 
  1.14  written waiver of the right to appear in person. 
  1.15     (b) The procedures in paragraphs (1) to (7) apply to an 
  1.16  appearance by interactive video conferencing. 
  1.17     (1) Parties who are entitled to be heard shall be given 
  1.18  prior notice of the manner and time of the proceeding.  A 
  1.19  participant electing to appear by interactive video shall give 
  1.20  notice to the court and to other parties of the terminal site 
  1.21  location from which the appearance will be made. 
  1.22     (2) Witnesses may appear by interactive video at all 
  1.23  hearings, including contested matters. 
  1.24     (3) Regardless of the physical location of any party to a 
  1.25  hearing conducted under this subdivision, any waiver, 
  2.1   stipulation, motion, objection, decision, order, or any other 
  2.2   action taken by the court or a party has the same effect as if 
  2.3   done in person. 
  2.4      (4) All hearings will be conducted in a courtroom or other 
  2.5   room reasonably accessible to the public. 
  2.6      (5) If the hearing requires a written record, a court 
  2.7   reporter shall be in simultaneous voice communication with all 
  2.8   interactive video terminal sites, and shall make the appropriate 
  2.9   verbatim record of the proceeding as if heard in person. 
  2.10     (6) The court administrator of the venue county shall keep 
  2.11  court minutes and maintain court records as if the proceeding 
  2.12  were heard in person. 
  2.13     (7) Courtroom decorum during interactive video hearings 
  2.14  must conform to the extent possible to that required during 
  2.15  traditional court proceedings.  This may include the presence of 
  2.16  one or more bailiffs at any interactive video site. 
  2.17     (c) During the interactive video hearing: 
  2.18     (1) the juvenile's attorney, parent, or guardian ad litem 
  2.19  shall be present at the same terminal site from which the 
  2.20  juvenile appears, except in unusual or emergency circumstances, 
  2.21  and then only if all parties agree on the record; 
  2.22     (2) the judge may be at any terminal site; 
  2.23     (3) the prosecutor may be at any terminal site; 
  2.24     (4) the court clerk shall be in the venue county unless 
  2.25  otherwise authorized by the presiding judge; and 
  2.26     (5) witnesses may be located at any terminal site that will 
  2.27  allow satisfactory video and audio reception at all other sites. 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     Section 1 is effective for all hearings under Minnesota 
  2.30  Statutes, section 260B.163, that are conducted on or after 
  2.31  August 1, 2000.