CHAPTER 43

FORMERLY

HOUSE BILL NO. 82

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 AND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF AUDIOVISUAL DEVICES FOR COURT APPEARANCES AND VIDEOPHONE ASSESSMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 59, Title 11 of the Delaware Code by adding a new Section 5910 as follows:

"§5910. Use of Audiovisual Devices.

Anything else in this or any other chapter or title notwithstanding, those proceedings specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and at the location where the defendant is physically located so as to provide the public, the court, and the defendant with a view of the proceedings. Such court proceedings may be conducted by a justice of the Peace Court in the same or another county from that in which the defendant is physically located."

Section 2. Amend §4101, Title 11 of the Delaware Code by adding subsection (d)(3) as follows:

"(3) The courts may expunge the record of any videophone assessment which remains uncollected for a period in excess of 3 years."

Section 3.

(1) Amend §703, Title 21 by renumbering subsections '(d)', '(e)', and '(f)', as .(e)', '(1)', and '(g)' respectively and adding a new subsection (d) as follows:

(d) Anything else in this or any other chapter or title notwithstanding, those proceedings in the Justice of the Peace Courts specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and where the defendant is present so as to provide the public, the court, and the defendant with a view of the proceedings. Such proceedings may be conducted by a Justice of the Peace Court in the same or another county from that in which the defendant is physically located.

Approved May 22, 1997