HB179: HB179 Appellate practice; digital recording of certain trial proceedings; provide

Currently, Georgia law relies heavily on court reporters to create the official transcript of trial proceedings. HB 179 amends several parts of Georgia law (including O.C.G.A. §§ 5-6-41, 9-14-50, and multiple Code sections in Title 15) to let judges, in many cases, use a digital recording system instead of a court reporter to capture trial proceedings, grand jury sessions, and Georgia State-wide Business Court cases. The bill defines a 'digital recording system' as any method for creating an electronic audio or audiovisual recording of a court proceeding, and it distinguishes this from traditional court reporting, which requires certification. Recordings must be transcribed by a certified court reporter if a transcript is requested or required, and a raw recording alone does not count as the official record until transcribed and certified. The changes apply to felony trials, misdemeanor cases, civil trials, grand jury proceedings, and business court cases, with uniform rules to be adopted by the Supreme Court. The law would take effect January 1, 2026.

• Allows judges in most felony, misdemeanor, and civil cases to choose a digital recording system instead of a court reporter to capture trial proceedings, subject to Supreme Court uniform rules.
• Requires that any recording made by a digital system be transcribed and certified by a certified court reporter before it counts as the official record of the case.
• Lets district attorneys use digital recording systems to record grand jury proceedings, with resulting recordings and transcripts controlled solely by the district attorney.
• Updates the definition of 'digital recording system' and clarifies that operating one does not itself count as practicing court reporting, which still requires passing a certification exam.
• Extends the option to use digital recording systems to the Georgia State-wide Business Court, state courts, city courts, and superior courts.
• Sets the effective date for all these changes as January 1, 2026.

The bill affects Georgia trial court judges, certified court reporters, criminal defendants and civil litigants whose cases produce trial transcripts, district attorneys handling grand jury proceedings, and administrators of the Georgia State-wide Business Court, state courts, city courts, and superior courts.

If enacted, courts across Georgia could rely more on digital audio or video recordings rather than live court reporters in many trials, changing how appeal records get created. Parties would still be able to get a certified transcript, but the underlying process for capturing testimony would shift for many cases.

• Section 1-1 rewrites O.C.G.A. § 5-6-41 to let judges use digital recording systems in most felony proceedings, misdemeanor cases, and civil trials, subject to Supreme Court uniform rules, while preserving court reporting for full felony trials and death penalty cases.
• Section 1-1 adds subsection (g), clarifying that a digital recording is not itself the official record unless transcribed and certified under O.C.G.A. § 15-14-5(b).
• Section 1-2 revises O.C.G.A. § 9-14-50 to require digital recording of trials under the state court sentencing procedure article, transcribed by a court reporter.
• Section 2-1 amends O.C.G.A. § 15-5A-14 to let the Georgia State-wide Business Court judge use digital recording systems for cases.
• Section 2-3 amends O.C.G.A. § 15-12-83 to let district attorneys use digital recording for grand jury proceedings and keep sole control of the resulting recordings and transcripts.
• Section 2-6 revises O.C.G.A. § 15-14-5 to require a certified court reporter to transcribe any digitally recorded proceeding when a transcript is requested or required.
• Section 2-7 updates the definitions in O.C.G.A. § 15-14-22, defining 'digital recording system' and clarifying it does not count as 'court reporting' for certification purposes.
• Section 3-1 sets the effective date as January 1, 2026, and Section 3-2 repeals conflicting laws.

1. 2025-04-30Effective Date 2026-01-01
2. 2025-04-30Act 23
3. 2025-04-30House Date Signed by Governor (House)
4. 2025-04-10House Sent to Governor (House)
5. 2025-04-04House Agreed Senate Amend or Sub (House)
6. 2025-04-02Senate Passed/Adopted By Substitute (Senate)
7. 2025-04-02Senate Third Read (Senate)
8. 2025-03-27Senate Read Second Time (Senate)

• Tyler Smith (R, HD-018)Primary sponsor
• Soo Hong (R, HD-103)
• Rob Leverett (R, HD-123)
• Stan Gunter (R, HD-008)
• Stacey Evans (D, HD-057)
• Brian Strickland (R, SD-042)

1. PassedHouse voteMarch 4, 2025

   169 yea, 0 nay (5 not voting, 6 absent)

   Passage: House Vote #172

2. PassedSenate voteApril 2, 2025

   52 yea, 0 nay (2 not voting, 2 absent)

   Passage By Substitute: Senate Vote #390

3. PassedHouse voteApril 4, 2025

   167 yea, 0 nay (5 not voting, 8 absent)

   Agree To Senate Substitute: House Vote #412

• court reporters
• trial transcripts
• criminal courts
• appellate practice
• Georgia State-wide Business Court