Assigned to JUD                                                                                                            AS PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1267

record of proceedings; electronic recording

Purpose

            Outlines circumstances when a court may use electronic recording devices in lieu of court reporters or stenographers and provides a remedy for a deficient electronic record.

Background

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 lieu 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).

                           There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows a court to use an electronic recording device in lieu of a court reporter or stenographer, with exceptions.

2. Excludes grand jury trials and court-ordered mental health hearings from the permissible use of electronic recording devices in lieu of court reporters or stenographers.

3. Requires a court reporter or stenographer to be used, if available, on written request from either party at least five court days before a trial or hearing, if the matter:

a) arises out of an indictment or information, unless 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; or

b) regards sexually violent persons.

4. Allows either party to provide a court reporter or stenographer in addition to the electronic recording device that is used by a court to record the proceedings.

5. Stipulates that the official record of court proceedings is the record prepared by the court reporter, unless a court reporter is unavailable.

6. Specifies that if a court reporter is unavailable, the official record of court proceedings is the record prepared by the court pursuant to rules adopted by the Arizona Supreme Court.

7. Requires the court to hold a hearing to determine if there is a deficiency in the electronic record of a proceeding and whether the deficiency prejudiced a party if:

a) an electronic recording device is used in a trial or hearing arising out of an indictment or information; and

b) either party has requested the hearing.

8. Requires, if the court finds that a deficiency in the electronic record prejudiced a party, the court to presume that the prejudiced party is entitled to a new trial or phase of trial pursuant to the Arizona Rules of Criminal Procedure.

9. Makes technical changes.

10. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Specifies that the court reporter prepares the official record of the court proceedings, but if a court reporter is unavailable, the court prepares the official record of the court proceedings.

Amendments Adopted by the House of Representatives

1. Requires the court to hold a hearing to determine if there is a deficiency in the electronic record of the proceeding and whether the deficiency prejudiced a party under specified circumstances.

2. Requires, if the court finds that a deficiency in the electronic record prejudiced a party, the court to presume that the prejudiced party is entitled to a new trial or phase of trial pursuant to the Arizona Rules of Criminal Procedure.

Senate Action House Action

JUD                 2/4/21        DP       6-2-0                   JUD                 3/10/21      DP     6-4-0-0

3^rd Read          2/23/21                  18-12-0               3^rd Read          4/28/21                 59-1-0

Prepared by Senate Research

April 28, 2021

JA/RC/kja