§ 16-89-103. Presence of defendant

(a)

1. (1) If the indictment is for a felony, the defendant must be present during the trial.

2. (2)

   1. (A)

      1. (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court.

      2. (ii) This provision shall apply in all instances except where the death penalty is sought.

   2. (B) However, judgment shall not be rendered until the presence of the defendant is obtained.

(b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant.