[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.


_______________________________________________________________________


                   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.
                                 <all>