Courtroom Videoconferencing Act of 2022
Bill: H.R.6472 | Sponsor: Rep. Morelle, Joseph D. (D-NY)
Policy area: Crime and Law Enforcement

Summary:
Courtroom Videoconferencing Act of 2022
This bill allows federal courts to authorize the use of video teleconferencing for certain criminal proceedings.

To amend title 18, United States Code, to provide for video 
   teleconferencing for certain criminal proceedings, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Courtroom Videoconferencing Act of 
2022''.

SEC. 2. SENSE OF CONGRESS.

     It is the sense of Congress that--
            (1) 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;
            (2) the efficiency and expediency gained from the 
        flexibility authorized under the CARES Act should be made 
        permanent; and
            (3) 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.

    (a) In General.--Chapter 201 of title 18, United States Code, is 
amended by inserting after section 3014 the following new section:
``Sec. 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.''.
    (b) 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:

``3015. Video teleconferencing for certain criminal proceedings.''.

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.
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