Bill Text: MI SB0790 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil procedure: other; video recordings of court proceedings; provide for availability and review. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1429.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-11 - Referred To Committee On Judiciary And Public Safety [SB0790 Detail]
Download: Michigan-2019-SB0790-Introduced.html
SENATE BILL NO. 790
February 11, 2020, Introduced by Senator
RUNESTAD and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 1429.
the people of the state of michigan enact:
Sec. 1429. (1) If a court makes a video recording of a public court proceeding, the court shall make the recording available for public access as required by this section.
(2) A video recording that is made available for public access under subsection (1) must be a complete recording of all public portions of the court proceeding and not be edited to remove any portion of the recording that was viewable to any individual who was physically present at the proceeding.
(3) A video recording to which this section applies must be made available for access within 10 days after the date the recording was made and continue to be available until not less than 60 days after the date the recording was made.
(4) A video recording to which this section applies may be made available in any manner, including, but not limited to, any of the following:
(a) Making the recording accessible from a public website.
(b) Making the recording accessible from a link provided by electronic mail on request.
(c) Providing a physical copy of the recording.
(d) Making the recording available for viewing at the courthouse.
(5) A court may require a person that requests a video recording to which this section applies to complete a form approved by the state court administrative office that includes all of the following:
(a) The case name and number.
(b) The date, time, and location of and the name of the judge who presided over the court proceeding.
(c) If less than the entire proceeding is requested, the portion requested.
(d) An acknowledgment that the recording is not the official record of the proceeding.
(e) The requesting person's agreement that it will comply with all laws regarding privacy of the information contained in the recording and will not publish or disseminate any content that may be protected from disclosure.
(6) If a video recording to which this section applies is provided in physical form, the court may require a person to pay a fee of not more than $10.00 for each copy of each court proceeding requested.
(7) A video recording made available under this section is not the official record of the court proceeding.
(8) This section does not require a court to make a video recording of a court proceeding.
(9) This section does not apply to a court proceeding or portion of a court proceeding if the court has ordered the record sealed or access to the proceeding restricted as allowed by court rule or statute.
(10) A video recording of a public proceeding made available under this section is a public document for purposes of section 248 of the Michigan penal code, 1931 PA 328, MCL 750.248. This subsection does not limit the ability to prosecute under any other applicable law the false making or alteration of a video recording of a public proceeding made available under this section.
