234 Pa. Code r. 119 - Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceedings

(A) The court or issuing authority may use two-way simultaneous audio-visual communication at any criminal proceeding except:

(1) preliminary hearings;

(2) proceedings pursuant to Rule 569(A)(2)(b);

(3) proceedings pursuant to Rules 595 and 597;

(4) trials;

(5) sentencing hearings;

(6) parole, probation, and intermediate punishment revocation hearings; and

(7) any proceeding in which the defendant has a constitutional or statutory right to be physically present.

(B) The defendant may consent to any proceeding being conducted using two-way simultaneous audio-visual communication.

(C) When counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the proceeding.

Notes

234 Pa. Code r. 119

The provisions of this Rule 119 adopted August 7, 2003, effective 9/1/2003, 33 Pa.B. 4287; amended June 30, 2005, effective 8/1/2006, 33 Pa.B. 3901; amended January 27, 2006, effective 8/1/2006, 36 Pa.B. 694; amended May 4, 2009, effective immediately, 39 Pa.B. 2434; amended July 31, 2012, effective 11/1/2012, 42 Pa.B. 5333.