SF 2187 (LSB 1186SZ (2) 90)

SENATE FILE 2187

BY  COMMITTEE ON TECHNOLOGY

(SUCCESSOR TO SF 400)
(SUCCESSOR TO SSB 1014)

A BILL FOR

An Act relating to the use of video conferences in judicial proceedings, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  602.1601A  Video conferences in judicial proceedings.
   1.  Upon motion of any of the parties, an initial appearance or arraignment shall be conducted by video conference with the parties and other participants if appropriate technology is available.
   2.  Upon motion of any of the parties, a pretrial conference, scheduling conference, or any other noncontested judicial proceeding shall be conducted by video conference with the parties and other participants, if appropriate technology is available, unless the court orders the proceeding to be held in person for good cause. A court’s determination of good cause shall be made separately for each motion. 
   3.  Upon motion of any of the parties, a hearing in a criminal, juvenile, or postconviction relief proceeding may be conducted by video conference with the parties and other participants if the hearing is conducted in an efficient manner, the hearing does not prejudice a substantial right of any party, and appropriate technology is available.
   4.  Any party may file a resistance to a motion to hold a judicial proceeding by video conference pursuant to this section.
    Sec. 2.  Section 624.1, subsection 1, Code 2024, is amended to read as follows:
   1.  All issues of fact in ordinary actions shall be tried upon oral evidence taken in open court, except that depositions may be used as provided by law.  “Open court” includes the remote testimony of a witness by video conference or other remote means of communication if approved by the court.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use of video conferences in judicial proceedings and certified shorthand reporter audio and video recordings.
   The bill provides that upon motion of any party, an initial appearance or arraignment shall be conducted by video conference with the parties and other participants if appropriate technology is available. Upon motion of any party, a pretrial conference, scheduling conference, or any other noncontested judicial proceeding shall be conducted by video conference with the parties and other participants if appropriate technology is available, unless the court orders the proceeding to be held in person for good cause.
   The bill provides that upon motion of any party, a hearing in a criminal, juvenile, or postconviction relief proceeding may be conducted by video conference with the parties and other participants if the hearing is conducted in an efficient manner, the hearing does not prejudice a substantial right of any party, and appropriate technology is available.
   The bill provides that any party may file a resistance to a motion to hold a judicial proceeding by video conference.
   The bill amends the definition of “open court” in Code section 624.1 (evidence in ordinary actions) to include the remote testimony of a witness by video conference or other remote means of communication if approved by the court.
   The bill takes effect upon enactment.