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 HF 2281 (3) 89 as/rh/md
H.F. 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 -1- HF 2281 (3) 89 as/rh/md 1/ 2
H.F. 2281 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 -2- HF 2281 (3) 89 as/rh/md 2/ 2