ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: JUD DP 6-2-0-0 | 3^rd Read 18-12-0-0 House: JUD DP 6-4-0-0 | 3^rd Read 59-1-0-0                                                                                                                               Final Vote: 30-0-0-0

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SB 1267: record of proceedings; electronic recording

Sponsor:  Senator Petersen, LD 12

Transmitted to the Governor

Overview

Specifies instances when a court may use electronic recording devices instead of court reporters or stenographers.

History

Current statute allows the state or any state agency, including the judiciary, and each political subdivision of Arizona, including any courts of law, to use tape recorders or other recording devices in place of reporters or stenographers unless: 1) the matter to be recorded arises out of court proceedings; and 2) either party requests that a court reporter or stenographer be used (A.R.S. § 38-424).

Provisions

1. Allows the court, with some exceptions, to use electronic recordings in place of court reporters. (Sec. 1)

2. Restricts the court from using electronic recordings in place of court reporters for grand jury trials or mental health hearings. (Sec. 1)

3. Mandates a court reporter or stenographer must be used, if available, on written request from either party at least five court days before a trial or hearing, if the following apply:

a) The matter arises out of an indictment or information, unless the court finds a trial is required to start within the five days to comply with a victim's or defendant's right to a speedy trial; or

b) The matter is in regards sexually violent persons. (Sec. 1)

4. Permits either party to provide a court reporter in addition to the electronic recording device used by a court to record the proceedings. (Sec. 1)

5. States the official record of the proceedings is the record prepared by the court reporter. (Sec. 1)

6. Stipulates that if no court reporter is available, the court's official record is the record prepared by the court according to rules adopted by the Arizona Supreme Court. (Sec. 1)

7. Provides, at the request of either party, for a hearing to be held to determine whether there is a deficiency in the electronic record. (Sec. 1)

8. Provides that, if the Court finds a deficiency in the record prejudiced a party, the Court shall presume that the party is entitled to a new trial or phase of trial. (Sec. 1)

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12.                   SB 1267

13. Initials LC/PN        Page 0 Transmitted

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