House Engrossed Senate Bill

record of proceedings; electronic recording

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SENATE BILL 1267

AN ACT

amending section 38-424, Arizona Revised Statutes; relating to electronic recording devices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-424, Arizona Revised Statutes, is amended to read:

START_STATUTE38-424. Use of electronic recording devices; use of court reporter or stenographer; official record; presumed remedy for deficient electronic record

A. Except as provided in title 21, chapter 4, title 36, chapter 5, and subsections B and C of this section, this state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may for any purpose use tape recorders or other electronic recording devices in lieu of court reporters or stenographers. This section does not apply if the matter to be recorded arises out of court proceedings and either party requests that a court reporter or stenographer be used.

B. If requested by either party in writing at least five court days before a trial or hearing arising out of an indictment or information and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used, except that if the court finds a trial is required to start within the five days in order to comply with a victim's or defendant's right to a speedy trial, the court may commence the trial using an electronic recording device.

C. If requested by either party in writing at least five court days before a trial or hearing held pursuant to title 36, chapter 37 and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used.

D. Either party may provide a court reporter or stenographer in addition to the electronic recording device that is used by a court to record the proceedings. The official record of the proceedings is the record prepared by the court reporter. If no court reporter is available, the official record of the proceedings is the record prepared by the court pursuant to rules adopted by the supreme court.

E. If an electronic recording device is used in a trial or hearing arising out of an indictment or information, on the request of either party, the court shall hold a hearing to determine if there is a deficiency in the electronic record of the proceeding and whether the deficiency prejudiced a party. If the court finds that a deficiency in the electronic record prejudiced a party, the court shall presume that the prejudiced party is entitled to a new trial or phase of trial pursuant to rule 24 of the Arizona rules of criminal procedure.