S.F. _____ H.F. _____ Section 1. Section 602.1209, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 16A. Prescribe practices and procedures 3 for the maintenance of electronic recordings and production of 4 transcripts from electronic recordings referred to in section 5 602.6405, subsection 4. 6 Sec. 2. Section 602.6405, Code 2016, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 4. Proceedings within a magistrate’s 9 jurisdiction shall be electronically recorded, unless a party 10 provides a certified court reporter at the party’s expense. 11 The electronic recordings shall be securely maintained 12 consistent with the practices and procedures prescribed 13 by the state court administrator and shall be retained for 14 one year after entry of a final judgment in the trial court 15 or until thirty days after final disposition, whichever is 16 later. Transcripts from electronic recordings required for 17 appeals shall be produced and paid for in a manner consistent 18 with practices and procedures prescribed by the state court 19 administrator. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill requires that proceedings before a magistrate be 24 electronically recorded unless a party provides a certified 25 court reporter at such party’s expense. The electronic 26 recordings are to be securely maintained consistent with 27 the practices and procedures prescribed by the state court 28 administrator and are to be retained for one year after entry 29 of a final judgment in the trial court or until 30 days after 30 final disposition, whichever is later. Transcripts from 31 electronic recordings required for appeals are to be produced 32 and paid for consistent with the practices and procedures 33 prescribed by the state court administrator. 34 -1- LSB 5234XD (3) 86 jh/rj 1/ 1