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Section 562 – Use of simultaneous audio-visual transmission for certain proceedings

May 13, 2021 | Crimianl Procedure, Louisiana

A. In a case where the offense is a noncapital felony or a misdemeanor, the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, may, with the court’s consent and the consent of the district attorney, appear at the entry of his plea of guilty, at any revocation hearing for a probation violation, including any hearing for a contempt of court, and at sentencing by simultaneous audio-visual transmission if the court, by local rule, provides for the defendant’s appearance in this manner and the defendant waives his right to be physically present at the proceeding.

B. In a capital case, the defendant may not enter his plea by simultaneous audio-visual transmission.
C. If the defendant is represented by an attorney during the proceeding in which a simultaneous audio-visual transmission system is used, the attorney may elect to be present either in the courtroom with the presiding judicial officer or in the place where the defendant is confined. Upon request by the defendant or the attorney representing the defendant, the court shall provide the opportunity for confidential communication between the defendant and the attorney representing him at any time prior to or during the proceeding.
D.

The law enforcement agency who has custody of the defendant at the time of the proceeding shall obtain the fingerprints of the defendant for purposes of Article 871. The fingerprints may be taken electronically or in ink and converted to electronic format.

La. Cr.P. ยง 562

Amended by Acts 2020, No. 160,s. 1, eff. 8/1/2020.
Amended by Acts 2017, No. 406,s. 1, eff. 8/1/2017.