House Study Bill 17 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED STATE PUBLIC DEFENDER BILL) 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 TLSB 1186XD (5) 90 as/rh

S.F. _____ H.F. _____ 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 -1- LSB 1186XD (5) 90 as/rh 1/ 3

S.F. _____ H.F. _____ 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 -2- LSB 1186XD (5) 90 as/rh 2/ 3

S.F. _____ H.F. _____ 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 -3- LSB 1186XD (5) 90 as/rh 3/ 3