HB 179: Appellate practice; digital recording of certain trial proceedings; provide

House Bill 179 (AS PASSED HOUSE AND SENATE)

By: Representatives Smith of the 18th, Hong of the 103rd, Leverett of the 123rd, Gunter of the 8th, and Evans of the 57th

A BILL TO BE ENTITLED

AN ACT

To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating appellate practice, so as to provide for the digital recording of certain trial proceedings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, so as to provide for digital recording of certain felony trial proceedings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the digital recording of certain Georgia State-wide Business Court proceedings; to provide for the utilization and regulation of digital recording systems; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising Code Section 5-6-41, relating to reporting, preparation, and disposition of transcript, correction of omissions or misstatements, preparation of transcript from recollections, filing of disallowed papers, filing of stipulations in lieu of transcript, and reporting at party's expense, as follows:

"5-6-41.

(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness testifies; and for all proceedings in a case in which the prosecuting attorney has filed a notice of intent to seek the death penalty In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law. In all other felony proceedings, the transcript of evidence and proceedings shall either be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law or, except as provided in Code Section 5-6-41, in the judge's discretion, be recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts.

(b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the reporting and transcribing of the evidence and proceedings by a court reporter on terms prescribed by the trial judge, or, except as provided in Code Section 5-6-41, may require the recording of the evidence and proceedings via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts.

(c) In all civil cases tried in the superior and city courts, in the Georgia State-wide Business Court, and in any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported by a court reporter, the costs thereof to be borne equally between them, or, except as provided in Code Section 5-6-41, recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts; and, where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at the appellant's expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, and the proceeding was not recorded by a digital recording system, as defined in Code Section 15-14-22, the judge may, in the judge's discretion, authorize trial of the case unreported; and, when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise.

(d) Where a trial in any civil or criminal case is reported by a court reporter or recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, all motions, colloquies, objections, rulings, evidence, whether admitted or stricken on objection or otherwise, copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other posttrial procedure shall be reported or recorded; and, where the report or recording is transcribed, all such matters shall be included in the written transcript, it being the intention of this article that all these matters appear in the record. Where matters occur which were not reported or recorded, such as objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel; but, where the trial is not reported or recorded or the transcript of the proceedings for any other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form.

(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, and the evidence and proceedings are transcribed, the a court reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the court reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge.

(f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal.

(g) Where a proceeding is recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, such recording shall not be considered the record of the proceeding unless it is transcribed and certified pursuant to subsection (b) of Code Section 15-14-5. Such transcript shall not be created if the recorded proceeding is also taken down and transcribed by a court reporter.

(g)(h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of the evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, the judge shall enter an order stating that fact.

(h)(i) Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed, with notation of disallowance thereon, and shall become part of the record for purposes of consideration on appeal or other procedure for review.

(i)(j) In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending.

(j)(k) In all cases, civil or criminal, any party may as a matter of right have the case reported by a court reporter at the party's own expense."

SECTION 1-2.

Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, is amended by revising Code Section 9-14-50, relating to transcription of proceedings, as follows:

"9-14-50.

All trials held under this article shall be recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts and transcribed by a court reporter, or taken down and transcribed by a court reporter, as designated by the superior court hearing the case."

PART II

SECTION 2-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-5A-14, relating to the employment and compensation of other personnel, as follows:

"15-5A-14.

The judge of the Georgia State-wide Business Court may employ and fix the salaries of stenographers, clerical assistants, and such other employees as may be deemed necessary by the court; and the salaries therefor shall be paid by the clerk from the amount appropriated by the General Assembly for such purposes. Except as provided in subsection (k) of Code Section 5-6-41, the judge may also provide for the recording of cases via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the Georgia State-wide Business Court."

SECTION 2-2.

Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to court reporters, waiver, and compensation relative to state courts, as follows: "(a) State courts shall make available for the reporting of civil and criminal trials a court reporter, as defined in Code Section 15-14-22, or a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of The Council of State Court Judges of Georgia Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state, or both. Except as provided in subsection (k) of Code Section 5-6-41, the judge shall have discretion as to whether to use a digital recording system, as defined in Code Section 15-14-22."

SECTION 2-3.

Said title is further amended by revising subsection (f) of and by adding a new subsection to Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding, compensation, and role and responsibilities, to read as follows: "(f) The district attorney may utilize a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts to record grand jury proceedings.

(g) Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript. The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties, including compliance with Article 1 of Chapter 16 of Title 17."

SECTION 2-4.

Said title is further amended by revising Code Section 15-14-1, relating to power of superior court judges to appoint and remove, oath, and duties, as follows:

"15-14-1.

The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter, as defined in Article 2 of this chapter Code Section 15-14-22, for the courts of their respective circuits. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of the court reporter by law. It shall be the court reporter's duty to attend all courts in the circuit for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel. Except as provided for in subsection (k) of Code Section 5-6-41, the judges may provide for the recording of cases and proceedings via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of The Council of Superior Court Judges of Georgia when such recording is authorized pursuant to Code Section 5-6-41."

SECTION 2-5.

Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to power of city court judges to appoint and compensation, as follows: "(a) The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an official court reporter, as defined in Article 2 of this chapter Code Section 15-14-22, whose compensation for reporting criminal and civil cases and for attendance upon court shall be the same as provided by the Judicial Council pursuant to Code Section 15-5-21. Except as provided in subsection (k) of Code Section 5-6-41, the judges may also provide for the recording of cases via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts. The court reporter reporting and transcribing civil cases shall be paid by the party or parties requesting the reporting or transcribing."

SECTION 2-6.

Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe and certificate, as follows:

"15-14-5.

(a) It shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law whenever requested so to do by counsel for any party to such case and upon being paid the legal fees for such transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto a certificate signed by him or her reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, the transcript so certified shall be presumed to be true, complete, and correct.

(b) When a court proceeding has been recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, if requested or required by law, a transcript shall be prepared by a certified court reporter. If a court reporter receives such recording from the court, the court reporter shall transcribe the recording completely and accurately in accordance with rules promulgated by the Judicial Council of Georgia or any applicable uniform rules. The court reporter, upon delivering the transcript to the requesting party or upon filing it with the clerk, shall affix thereto a signed certificate reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, a transcript so certified shall be presumed to be true, complete, and correct."

SECTION 2-7.

Said title is further amended by revising Code Section 15-14-22, relating to definitions relative to training and certification of court reporters, as follows:

"15-14-22.

As used in this article, the term:

(1) 'Board' means the Board of Court Reporting of the Judicial Council.

(2) 'Certified court reporter' means any person certified under this article to practice verbatim reporting.

(3) 'Court reporter' means any person who is engaged in the practice of court reporting as a profession as defined in this article. The term 'court reporter' Such term shall include not only those who actually report judicial proceedings in courts but also those who make verbatim records as defined described in paragraph (4) of this Code section.

(4) 'Court reporting' means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer, or by other means of personal verbatim reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or any board, commission, or other body created by statute, or by the Constitution of this state or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record as defined described in this article. Such term shall not include the operation of a digital recording system aside from those methods of making a verbatim record that require the passage of an examination accepted by the board pursuant to Code Section 15-14-30.

(5) 'Digital recording system' means any method for creating an electronic audio or audiovisual recording of a court proceeding for the purpose of creating a verbatim transcript as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts."

PART III

SECTION 3-1.

This Act shall become effective on January 1, 2026.

SECTION 3-2.

All laws and parts of laws in conflict with this Act are repealed.