561.031. Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when--requirements.

MISSOURI STATUTES AND CODES

561.031. Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when--requirements.

Physical appearance in court of a prisoner may be made by usingtwo-way audio-visual communication including closed circuittelevision, when--requirements.

561.031. 1. In the following proceedings, the provisions of section544.250, 544.270, 544.275, RSMo, 546.030, RSMo, or of any other statute, orthe provisions of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01,29.07, 31.02, 31.03, 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58,37.59, and 37.64 to the contrary notwithstanding, when the physicalappearance in person in court is required of any person, such personalappearance may be made by means of two-way audio-visual communication,including but not limited to closed circuit television or computerizedvideo conferencing; provided that such audio-visual communicationfacilities provide two-way audio-visual communication between the court andthe person:

(1) First appearance before an associate circuit judge on a criminalcomplaint;

(2) Waiver of preliminary hearing and preliminary hearing withconsent of the defendant;

(3) Arraignment on an information or indictment where a plea of notguilty is entered;

(4) Arraignment on an information or indictment where a plea ofguilty is entered upon waiver of any right such person might have to bephysically present;

(5) Any pretrial or posttrial criminal proceeding not allowing thecross-examination of witnesses;

(6) Sentencing after conviction at trial upon waiver of any rightsuch person might have to be physically present;

(7) Sentencing after entry of a plea of guilty;

(8) Any civil proceeding other than trial by jury;

(9) Any civil or criminal proceeding which is not required to be amatter of record; and

(10) Any civil or criminal proceeding by the consent of the parties.

2. This section shall not prohibit other appearances via closedcircuit television upon waiver of any right such person held in custody orconfinement might have to be physically present.

3. Nothing contained in this section shall be construed asestablishing a right for any person held in custody to appear on televisionor as requiring that any governmental entity or place of custody orconfinement provide a two-way audio-visual communication system.