House
File
2281
-
Reprinted
HOUSE
FILE
2281
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
592)
(As
Amended
and
Passed
by
the
House
March
7,
2022
)
A
BILL
FOR
An
Act
relating
to
video
conferences
in
judicial
proceedings
1
and
certified
shorthand
reporter
audio
and
video
recordings,
2
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2281
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
manner
17
and
the
hearing
does
not
prejudice
a
substantial
right
of
any
18
party,
if
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
2022,
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
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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
2022,
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
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