[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 791 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 791
To amend the Federal Rules of Criminal Procedure.
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IN THE SENATE OF THE UNITED STATES
April 26, 2001
Mr. Thurmond introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Federal Rules of Criminal Procedure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Teleconferencing Improvements
Act of 2001''.
SEC. 2. AUTHORIZATION OF VIDEO TELECONFERENCING FOR THE INITIAL
APPEARANCE.
Rule 5 of the Federal Rules of Criminal Procedure is amended by
adding at the end the following:
``(d) Video Teleconferencing.--Video teleconferencing may be used
to conduct an appearance under this rule.''.
SEC. 3. AUTHORIZATION OF VIDEO TELECONFERENCING FOR THE ARRAIGNMENT.
Rule 10 of the Federal Rules of Criminal Procedure is amended--
(1) by striking ``Arraignment'' and inserting ``(a) In
General.--Arraignment''; and
(2) by adding at the end the following:
``(b) Video Teleconferencing.--Video teleconferencing may be used
to arraign a defendant.''.
SEC. 4. AUTHORIZATION OF VIDEO TELECONFERENCING FOR CERTAIN
PROCEEDINGS.
Rule 43 of the Federal Rules of Criminal Procedure is amended--
(1) in subsection (a), by striking ``The'' and inserting
``Except as otherwise provided in this rule, Rule 5, or Rule
10, the'';
(2) in subsection (c)--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(5) when--
``(A) the proceeding is the sentencing hearing; and
``(B)(i) the defendant, in writing, waives the
right to be present in court; or
``(ii) the court finds, for good cause shown in
exceptional circumstances and upon appropriate
safeguards, that communication with a defendant (who is
not physically present before the court) by video
teleconferencing is an adequate substitute for the
physical presence of the defendant.''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply to a
criminal complaint filed after the date of enactment of this Act.
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