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) <ins>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</ins> <del>In all felony cases,</del> 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. <ins>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.
</ins> (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, <ins>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.
</ins> (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, <ins>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;</ins> 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, <ins>and the proceeding was not recorded by a digital
recording system, as defined in Code Section 15-14-22,</ins> 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 <ins>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,</ins> 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 <ins>or recorded;</ins> 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 <ins>or recorded,</ins> 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 <ins>or recorded</ins> 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 <ins>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,</ins> and the evidence and
proceedings are transcribed, <del>the</del> <ins>a court</ins> 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 <ins>court</ins> 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.
<ins>(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.
</ins> <del>(g)(h)</del> Where a trial is not reported <ins>or recorded</ins> 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 <ins>the</ins> 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.
<del>(h)(i)</del> 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.
<del>(i)(j)</del> 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.
<ins>(j)(k)</ins> In all cases, civil or criminal, any party may as a matter of right have the case
reported <ins>by a court reporter</ins> 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 <ins>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</ins> transcribed by a court reporter, <ins>as</ins> 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. <ins>Except as provided in
</ins>
<ins>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."
</ins> 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) <ins>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</ins> <del>Court reporting personnel shall be made available for the reporting of
civil and criminal trials in state courts,</del> subject to the laws governing same in the superior
courts of this state, <ins>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."
</ins> 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) <ins>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.
</ins>
<ins>(g)</ins> 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 <del>Article 2 of this chapter</del> <ins>Code Section 15-14-22,</ins> 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. <ins>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."
</ins>
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 <del>Article 2 of this chapter</del> <ins>Code
Section 15-14-22,</ins> 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. <ins>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.</ins> 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.
<ins>(a)</ins> 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 <ins>or her</ins> 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.
<ins>(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."
</ins> 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. <del>The term 'court reporter'</del> <ins>Such term</ins> shall include
not only those who actually report judicial proceedings in courts but also those who make
verbatim records as <del>defined</del> <ins>described</ins> 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 <del>defined</del> <ins>described</ins> in this article. <ins>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."
</ins> 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.