Section 1 Short title
This Act may be cited as the “Courtroom Videoconferencing Act of 2022”.
Courtroom Videoconferencing Act of 2022
A BILL
To amend title 18, United States Code, to provide for video teleconferencing for certain criminal proceedings, and for other purposes.
Sec. 2 Sense of Congress
It is the sense of Congress that—
it is important to modernize Federal courts to allow for videoconferencing in certain criminal proceedings, which flexibility Congress authorized under the CARES Act, which provided for such an option at the discretion of the chief judge of a district court during the national emergency associated with the COVID–19 pandemic;
the efficiency and expediency gained from the flexibility authorized under the CARES Act should be made permanent; and
such an option should not impede constitutional rights, but expand and protect them during times when meeting together may be difficult and inefficient.
Sec. 3 Video teleconferencing for certain criminal proceedings
In general— Chapter 201 of title 18, United States Code, is amended by inserting after section 3014 the following new section:
“3015. Video teleconferencing for certain criminal proceedings
“(a) In general—The chief judge of a district court may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available, for the following events:
“(1) Detention hearings under section 3142 of title 18, United States Code.
“(2) Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure.
“(3) Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure.
“(4) Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure.
“(5) Arraignments under Rule 10 of the Federal Rules of Criminal Procedure.
“(6) Probation and supervised release revocation proceedings under Rule 32.1 of the Federal Rules of Criminal Procedure.
“(7) Pretrial release revocation proceedings under section 3148.
“(8) Appearances under Rule 40 of the Federal Rules of Criminal Procedure.
“(9) Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal Rules of Criminal Procedure.
“(10) Proceedings under chapter 403 (commonly known as the “Federal Juvenile Delinquency Act”), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings.
“(b) Consent—Video conferencing or telephone conferencing authorized under subsection (a) may only take place with the consent of the defendant, or the juvenile, after consultation with counsel.
“(c) Access to counsel—Video teleconferencing or telephone teleconferencing authorized under subsection (a) shall provide the defendant the ability to privately consult with counsel if requested.”
Clerical amendment— The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to 3014 the following new item:
Sec. 4 Rule of construction
Nothing in this Act, or the amendments made by this Act, 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.