Bill Text: IA SF400 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of video conferences in judicial proceedings and certified shorthand reporter audio and video recordings, and including effective date provisions.(Formerly SSB 1014; See SF 2187.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-01 - Committee report approving bill, renumbered as SF 2187. S.J. 207. [SF400 Detail]
Download: Iowa-2023-SF400-Introduced.html
Senate
File
400
-
Introduced
SENATE
FILE
400
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
1014)
A
BILL
FOR
An
Act
relating
to
the
use
of
video
conferences
in
judicial
1
proceedings
and
certified
shorthand
reporter
audio
and
video
2
recordings,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
602.1601A
Video
conferences
in
1
judicial
proceedings.
2
1.
Upon
motion
of
any
of
the
parties,
an
initial
appearance
3
or
arraignment
shall
be
conducted
by
video
conference
with
the
4
parties
and
other
participants
if
appropriate
technology
is
5
available.
6
2.
Upon
motion
of
any
of
the
parties,
a
pretrial
conference,
7
scheduling
conference,
or
any
other
noncontested
judicial
8
proceeding
shall
be
conducted
by
video
conference
with
the
9
parties
and
other
participants,
if
appropriate
technology
is
10
available,
unless
the
court
orders
the
proceeding
to
be
held
in
11
person
for
good
cause.
A
court’s
determination
of
good
cause
12
shall
be
made
separately
for
each
motion.
13
3.
Upon
motion
of
any
of
the
parties,
a
hearing
in
a
14
criminal,
juvenile,
or
postconviction
relief
proceeding
may
15
be
conducted
by
video
conference
with
the
parties
and
other
16
participants
if
the
hearing
is
conducted
in
an
efficient
17
manner,
the
hearing
does
not
prejudice
a
substantial
right
of
18
any
party,
and
appropriate
technology
is
available.
19
4.
Any
party
may
file
a
resistance
to
a
motion
to
hold
20
a
judicial
proceeding
by
video
conference
pursuant
to
this
21
section.
22
Sec.
2.
Section
602.3205,
Code
2023,
is
amended
to
read
as
23
follows:
24
602.3205
Audio
and
video
recordings.
25
1.
Except
as
provided
in
subsection
2
or
3
,
a
certified
26
shorthand
reporter’s
audio
and
video
recordings
used
solely
27
for
the
purpose
of
providing
a
verbatim
written
transcript
of
28
a
court
proceeding
or
a
proceeding
conducted
in
anticipation
29
of
use
in
a
court
proceeding
shall
be
considered
the
personal
30
property
and
private
work
product
of
the
certified
shorthand
31
reporter.
32
2.
An
audio
or
video
recording
of
a
certified
shorthand
33
reporter
appointed
under
section
602.6603
shall
be
provided
to
34
the
presiding
judge
or
chief
judge
for
an
in
camera
review
upon
35
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court
order
for
good
cause
shown.
1
3.
a.
An
audio
or
video
recording
of
a
certified
shorthand
2
reporter
shall
be
provided
to
the
board
upon
request
by
the
3
board
if
a
disciplinary
proceeding
is
pending
regarding
the
4
certified
shorthand
reporter
who
is
a
respondent
under
the
5
provisions
of
section
602.3203
or
the
rules
of
the
board
of
6
examiners
of
shorthand
reporters,
Iowa
court
rules,
ch.
46
.
7
b.
The
audio
and
video
recordings
provided
to
the
board
8
pursuant
to
this
subsection
shall
be
kept
confidential
by
the
9
board
in
a
manner
as
provided
in
section
272C.6,
subsection
4
.
10
Sec.
3.
Section
624.1,
subsection
1,
Code
2023,
is
amended
11
to
read
as
follows:
12
1.
All
issues
of
fact
in
ordinary
actions
shall
be
tried
13
upon
oral
evidence
taken
in
open
court,
except
that
depositions
14
may
be
used
as
provided
by
law.
“Open
court”
includes
the
15
remote
testimony
of
a
witness
by
video
conference
or
other
16
remote
means
of
communication
if
approved
by
the
court.
17
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
18
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
use
of
video
conferences
in
judicial
23
proceedings
and
certified
shorthand
reporter
audio
and
video
24
recordings.
25
The
bill
provides
that
upon
motion
of
any
party,
an
26
initial
appearance
or
arraignment
shall
be
conducted
by
27
video
conference
with
the
parties
and
other
participants
if
28
appropriate
technology
is
available.
Upon
motion
of
any
29
party,
a
pretrial
conference,
scheduling
conference,
or
any
30
other
noncontested
judicial
proceeding
shall
be
conducted
by
31
video
conference
with
the
parties
and
other
participants
if
32
appropriate
technology
is
available,
unless
the
court
orders
33
the
proceeding
to
be
held
in
person
for
good
cause.
34
The
bill
provides
that
upon
motion
of
any
party,
a
hearing
35
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in
a
criminal,
juvenile,
or
postconviction
relief
proceeding
1
may
be
conducted
by
video
conference
with
the
parties
and
2
other
participants
if
the
hearing
is
conducted
in
an
efficient
3
manner,
the
hearing
does
not
prejudice
a
substantial
right
of
4
any
party,
and
appropriate
technology
is
available.
5
The
bill
provides
that
any
party
may
file
a
resistance
to
a
6
motion
to
hold
a
judicial
proceeding
by
video
conference.
7
The
bill
adds
video
recordings
to
Code
section
602.3205
8
(certified
shorthand
reporter
audio
recordings).
The
bill
9
provides
that
a
certified
shorthand
reporter’s
audio
and
video
10
recordings
used
solely
for
the
purpose
of
providing
a
verbatim
11
written
transcript
of
a
court
proceeding
or
a
proceeding
12
conducted
in
anticipation
of
use
in
a
court
proceeding
shall
be
13
considered
the
personal
property
and
private
work
product
of
14
the
certified
shorthand
reporter,
except
that
an
audio
or
video
15
recording
of
a
certified
shorthand
reporter
shall
be
provided
16
to
the
presiding
judge
or
chief
judge
for
an
in
camera
review
17
upon
court
order
for
good
cause
shown
and
an
audio
or
video
18
recording
of
a
certified
shorthand
reporter
shall
be
provided
19
to
the
board
of
examiners
of
shorthand
reporters
upon
request
20
by
the
board
if
a
disciplinary
proceeding
is
pending
regarding
21
the
certified
shorthand
reporter.
22
The
bill
amends
the
definition
of
“open
court”
in
Code
23
section
624.1
(evidence
in
ordinary
actions)
to
include
the
24
remote
testimony
of
a
witness
by
video
conference
or
other
25
remote
means
of
communication
if
approved
by
the
court.
26
The
bill
takes
effect
upon
enactment.
27
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