Pennsylvania Act 1998-67 — JUDICIAL CODE (42 P.C.S.) - AMEND ARRAIGNMENT BY AUDIO-VIDEO

Act text

JUDICIAL CODE (42 P.C.S.) - AMEND ARRAIGNMENT BY AUDIO-VIDEO
                  Act of Jun. 11, 1998, P.L. 463, No. 67              Cl. 42
                             Session of 1998
                               No. 1998-67

     SB 770

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for audio-video
        arraignment.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated Statutes
     is amended by adding a section to read:
      § 8703.  Arraignment.
        (a)  General rule.--The arraignment of the defendant may be
     satisfied, in the discretion of the court, either by the
     physical appearance of the defendant before the court or by two-
     way electronic audio-video communication. The audio-video
     communication must operate so that the defendant and the judge
     can see each other simultaneously and converse with each other.
     If the defendant has counsel, the defendant shall be allowed to
     communicate fully and confidentially with his attorney during
     the proceeding. A judge may order the defendant to physically
     appear in court for the arraignment. (b)  Court rules.--Except
     for the provisions of this section, arraignments shall be in the
     form and in the manner as provided by court rule.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 11th day of June, A. D. 1998.

     THOMAS J. RIDGE