2002 Legislation
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HOUSE BILL NO. 500 – Court proceedings, electronic recrd

HOUSE BILL NO. 500

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Daily Data Tracking History



H0500................................by JUDICIARY, RULES AND ADMINISTRATION
COURT PROCEEDINGS - Amends existing law to provide that the Supreme Court
may designate court proceedings and testimony that may be recorded
electronically in lieu of stenographic means.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
      Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bedke, Higgins
    Floor Sponsor - Sali
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Jud
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 26-8-1
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Hill, Ipsen,
      King-Barrutia, Little, Marley, Noh, Richardson, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne
      NAYS -- Davis, Hawkins, Ingram, Keough, Lodge, Risch, Wheeler,
      Williams
      Absent and excused -- Geddes
    Floor Sponsor - Darrington
    Title apvd - to House
    To enrol - Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 96
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 500
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE RECORDING OF COURT PROCEEDINGS AND TESTIMONY; AMENDING SECTION
  3        1-1103, IDAHO CODE, TO PROVIDE AN ALTERNATIVE TO THE REQUIREMENT OF STENO-
  4        GRAPHIC RECORDING FOR DESIGNATED PROCEEDINGS AND TESTIMONY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 1-1103, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        1-1103.  RECORDING  OF  TESTIMONY  -- WAIVER. The said reporter shall cor-
  9    rectly report all oral proceedings had in said court and the  testimony  taken
 10    in  all  cases tried before said court, but except the supreme court, by rule,
 11    may designate proceedings and testimony in said court that may be recorded  by
 12    an electronic device in lieu of stenographic means. Tthe parties may, with the
 13    consent  of the judge, waive the recording by such reporter of any part of the
 14    proceedings or testimony.

Statement of Purpose / Fiscal Impact


	                 STATEMENT OF PURPOSE	
                             RS11651Cl

This bill amends Section 1-1103, Idaho Code, relating to the 
recording of oral proceedings in district court by a district 
court stenographic reporter to provide that the Supreme Court 
may designate proceedings that may be recorded electronically 
in lieu of stenographic means.

Section 1-1103, Idaho Code, requires that a court stenographic 
reporter record all district court oral proceedings and testimony. 
A long-standing Supreme Court order also requires that district 
court proceedings are to be recorded by an electronic recording 
system as a backup to the stenographic means of reporting them. 
The magistrate division of the district court routinely records 
its proceedings and testimony by electronic means.


Section 1-1103 was enacted over 100 years ago when sophisticated 
electronic recording equipment was not available. The conference 
of administrative judges has recommended that new technology 
permits more flexibility in determining the manner of recording 
district court proceedings and testimony, and this proposed 
amendment will give the Supreme Court latitude to make an effective 
use of technology and personnel by matching the needs of the courts 
to the skills of court stenographers.


                             FISCAL NOTE

It is anticipated that savings to the general fund will result from 
the flexibility this amendment will provide to the court, the 
precise amount of which is difficult to estimate.


Contact Person:
Representative William Sali
(208) 332-1000


Statement of Purpose/Fiscal Note		H 500