Sec. 15002. Video teleconferencing for criminal proceedings
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In this section, the term covered emergency period means the period beginning on the date on which the President declared a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) and ending on the date that is 30 days after the date on which the national emergency declaration terminates. Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court), upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available, for the following events:
Detention hearings under section 3142 of title 18, United States Code. Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure. Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure. Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure. Arraignments under Rule 10 of the Federal Rules of Criminal Procedure. Probation and supervised release revocation proceedings under Rule 32.1 of the Federal Rules of Criminal Procedure.
Pretrial release revocation proceedings under section 3148 of title 18, United States Code. Appearances under Rule 40 of the Federal Rules of Criminal Procedure. Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal Rules of Criminal Procedure. Proceedings under chapter 403 of title 18, United States Code (commonly known as the Federal Juvenile Delinquency Act ), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings.
Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) specifically finds, upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, that felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot be conducted in person without seriously jeopardizing public health and safety, and the district judge in a particular case finds for specific reasons that the plea or sentencing in that case cannot be further delayed without serious harm to the interests of justice, the plea or sentencing in that case may be conducted by video teleconference, or by telephone conference if video teleconferencing is not reasonably available.
The video teleconferencing and telephone conferencing authority described in subparagraph
(A)shall apply with respect to equivalent plea and sentencing, or disposition, proceedings under chapter 403 of title 18, United States Code (commonly known as the Federal Juvenile Delinquency Act ). On the date that is 90 days after the date on which an authorization for the use of video teleconferencing or telephone conferencing under paragraph
(1)or
(2)is issued, if the emergency authority has not been terminated under paragraph (5), the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) to which the authorization applies shall review the authorization and determine whether to extend the authorization. If an authorization is extended under subparagraph (A), the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) to which the authorization applies shall review the extension of authority not less frequently than once every 90 days until the earlier of— the date on which the chief judge (or other judge or justice) determines the authorization is no longer warranted; or the date on which the emergency authority is terminated under paragraph (5). Video teleconferencing or telephone conferencing authorized under paragraph
(1)or
(2)may only take place with the consent of the defendant, or the juvenile, after consultation with counsel. The authority provided under paragraphs (1), (2), and (3), and any specific authorizations issued under those paragraphs, shall terminate on the earlier of— the last day of the covered emergency period; or the date on which the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) no longer materially affect the functioning of either the Federal courts generally or the district court in question. The Judicial Conference of the United States and the Supreme Court of the United States shall consider rule amendments under chapter 131 of title 28, United States Code (commonly known as the Rules Enabling Act ), that address emergency measures that may be taken by the Federal courts when the President declares a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq.). Nothing in this subsection shall obviate a defendant’s right to counsel under the Sixth Amendment to the Constitution of the United States, any Federal statute, or the Federal Rules of Criminal Procedure. The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
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Sec. 15002
Video teleconferencing for criminal proceedings
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