Bill Text: MS HB372 | 2024 | Regular Session | Introduced
Bill Title: Courtroom proceeding; authorize video conferences for certain proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB372 Detail]
Download: Mississippi-2024-HB372-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Ford (54th)
House Bill 372
AN ACT TO AUTHORIZE A JUDGE TO CONDUCT VIDEO CONFERENCE PROCEEDINGS UNDER CERTAIN CONDITIONS; TO LIST THE CONDITIONS; TO REQUIRE NOTICE TO ALL PARTIES WITHIN A CERTAIN TIME PERIOD; TO SPECIFY CERTAIN PROCEEDINGS THAT REQUIRE AGREEMENT BY ALL PARTIES BEFORE A VIDEO PROCEEDING CAN OCCUR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Courtroom proceeding may be conducted by video when deemed appropriate by the court and when performed in accordance with the provisions of this section. The proceedings, when conducted in accordance with the provisions of this section, shall be deemed held in open court and in the presence of the parties for the purposes of any statute, rule or policy.
(2) (a) All civil proceedings and preliminary appearances, arraignments, bail hearings, and trial settings in any court in which a criminal proceeding occurs may be conducted by video conference in the discretion of the court only if:
(i) The court shall provide written notice that a proceeding will occur by video conference to all parties at least ninety (90) days before any proceeding in which the video conference is to occur.
(ii) The video conference shall be performed in a manner in which all participants can simultaneously see, hear, and speak with each other during the entire proceeding.
(iii) The proceedings shall be deemed held in open court and in the defendant's presence for the purposes of any statute, court rule or policy.
(iv) The proceeding shall be public, and the public shall be able to simultaneously see and hear all participants and speak as otherwise permitted by the trial court judge and/or the Mississippi Rule of Civil Procedure.
(v) Any party may request an in person hearing, which may in the trial court judge's discretion be granted.
(vi) The judge, counsel, all parties, and the public must be able to see and hear each other during proceedings, and speak as permitted by the judge.
(vii) The video and audio should be of sufficient quality to ensure participants are easily seen and understood.
(viii) Video conference facilities must provide for confidential communications between attorney and client, including a means during the hearing for the attorney and the client to read and review all documents executed therein, and security sufficient to protect the safety of all participants and observers.
(ix) In interpreted proceedings, the interpreter must be located next to the defendant and the proceeding must be conducted to assure that the interpreter can hear all participants.
(b) Any criminal proceeding that is not described in subsection (2) of this section, including the entry of a plea of guilty, may be conducted by video conference only by agreement of all the parties, either in writing or on the record, and upon the approval of the trial court judge.
(3) For purposes of videoconference proceedings, the electronic or facsimile signatures of the defendant, counsel, interested parties, and the court shall be treated as if they were original signatures. This includes all orders on judgment and sentence, no contact orders, statements of defendant on pleas of guilty, and other documents or pleadings as the court shall determine are appropriate or necessary.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
