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      CCRP 562     

  

Art. 562. Use of simultaneous audio-visual transmission for certain proceedings

            A.(1) In a case where the offense is a felony or an enhanceable misdemeanor, the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, may, with the court's consent and the consent of the district attorney, appear at the arraignment, at any preliminary matter or pretrial conference that does not involve the taking of testimony, at the entry of his plea of guilty, and at any revocation hearing for a probation violation, including any hearing for a contempt of court, by simultaneous audio-visual transmission if the court, by local rule, provides for the defendant's appearance in this manner and the defendant waives, in accordance with the provisions of Paragraph D of this Article, his right to be physically present at the proceeding.

            (2) In a case where the offense is not a felony and is not an enhanceable misdemeanor, the court, with the consent of the district attorney, may require the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, to appear at the arraignment, at any preliminary matter or pretrial conference that does not involve the taking of testimony, at the entry of his plea of guilty, and at any revocation hearing for a probation violation, including any hearing for a contempt of court, by simultaneous audio-visual transmission if the court, by local rule, provides for the defendant's appearance in this manner.

            (3) For purposes of this Paragraph, "enhanceable misdemeanor" means a misdemeanor offense that provides increased or enhanced penalties for a subsequent conviction of the offense or that provides increased or enhanced penalties when certain elements are present during the commission of the offense.

            B. Notwithstanding the provisions of Paragraph A of this Article, in a capital case, the defendant may not enter his plea by simultaneous audio-visual transmission.

            C. If the defendant is represented by an attorney during the proceeding in which a simultaneous audio-visual transmission system is used, the attorney may elect to be present either in the courtroom with the presiding judicial officer or in the place where the defendant is confined. Upon request by the defendant or the attorney representing the defendant, the court shall provide the opportunity for confidential communication between the defendant and the attorney representing him at any time prior to or during the proceeding.

            D.(1) A defendant who elects to appear at the proceeding by simultaneous audio-visual transmission in accordance with the provisions of this Article and enter a plea of guilty or nolo contendere shall submit to the court a form signed by the defendant and, if represented by an attorney at the proceeding, by the defendant's attorney, stating that the defendant waives his right to be physically present at the proceeding and that he has been addressed by the court and informed of his rights pursuant to Article 556 or 556.1. The form shall allow for the defendant to sign, or initial where appropriate, each element of the waiver of rights set forth in Article 556 or 556.1.

            (2) The defendant and, if represented by an attorney at the proceeding, the defendant's attorney may sign, or initial where appropriate, the waiver of presence as set forth in Paragraph A of this Article and the waiver of rights form as set forth in Subparagraph (1) of this Paragraph by use of an electronic signature as defined by R.S. 9:2602. The court, by local rule, shall provide for the method of electronic signature to be used to ensure authenticity of the electronic signature.

            (3) The law enforcement agency who has custody of the defendant at the time of the proceeding shall obtain the fingerprints of the defendant for purposes of Article 871. The fingerprints may be taken electronically or in ink and converted to electronic format.

            Acts 2017, No. 406, §1.



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