House File 266 - Introduced



                                       HOUSE FILE       
                                       BY  KAUFMANN and SWAIM


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to recording proceedings before a magistrate.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1377YH 83
  4 jm/rj/24

PAG LIN



  1  1    Section 1.  Section 602.6405, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  4.  A magistrate shall cause all trials
  1  4 before the magistrate which are not reported by a certified
  1  5 court reporter to be electronically recorded.
  1  6    Sec. 2.  Section 631.11, subsection 3, Code 2009, is
  1  7 amended to read as follows:
  1  8    3.  RECORD.  Upon the trial, the judicial magistrate shall
  1  9 make detailed minutes of the testimony of each witness and
  1 10 append the exhibits or copies thereof to the record.  The
  1 11 proceedings upon trial shall not be reported by a certified
  1 12 court reporter, unless the party provides the reporter at such
  1 13 party's expense.  The If the proceedings are not reported by a
  1 14 certified court reporter, the magistrate, in the magistrate's
  1 15 discretion, may shall cause the proceedings upon trial to be
  1 16 reported recorded electronically.  If the proceedings are
  1 17 being electronically recorded and both parties shall be
  1 18 notified in advance of that recording.  If the proceedings
  1 19 have been reported recorded electronically the recording shall
  1 20 be retained under the jurisdiction of the magistrate unless
  1 21 appealed, and upon appeal shall be transcribed only by a
  1 22 person designated by the court under the supervision of the
  1 23 magistrate.
  1 24                           EXPLANATION
  1 25    This bill provides that all trials before a magistrate,
  1 26 which are not reported by a certified court reporter at a
  1 27 party's expense, shall be electronically recorded.
  1 28 LSB 1377YH 83
  1 29 jm/rj/24.1