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2017 Regular Session
Overview
At the request of: (at the request of Senate Interim Committee on Judiciary)
Chief Sponsors:
Regular Sponsors: (Presession Filed)
Bill Title: Relating to recording of grand jury proceedings; and declaring an emergency.
Catchline/Summary: Directs district attorney to ensure proceedings before grand jury are recorded using audio electronic recording devices designated, provided and maintained by Judicial Department.
Directs district attorney to ensure proceedings before grand jury are recorded using audio electronic recording devices designated, provided and maintained by Judicial Department. Directs district attorney to delegate recording requirement to grand juror and to provide instruction regarding audio electronic recording equipment. Authorizes court to appoint, at request of prosecuting attorney, shorthand reporter to record grand jury proceedings at prosecuting attorney's expense. Provides for phase-in of recording process based on population of district. Requires district attorney to maintain audio recordings or shorthand reporter report. Specifies matters that must be recorded and matters that may not be recorded. Provides that audio recordings and shorthand reporter notes or report are confidential. Creates procedures for release of audio recordings or shorthand reporter notes or report. Specifies procedures for release of transcript of grand jury proceeding concerning public servant resulting in indictment indorsed "not a true bill." Provides process for prosecuting attorney to request and enter protective order prohibiting or restricting access to recordings, shorthand reporter notes or report or transcript. Authorizes prosecuting attorney to file motion for protective order on behalf of victim or witness and requires prosecuting attorney to describe specific portion of recording, shorthand reporter notes or report or transcript to be redacted. Specifies when recording, shorthand reporter notes or report or transcript prepared from recording may be used in court proceedings. Allows statements of certain persons to be received through testimony of peace officer. Directs Public Defense Services Commission, Judicial Department and counties beginning recordation on March 1, 2018, to provide preliminary report on implementation of Act to Emergency Board and interim committees of Legislative Assembly related to judiciary no later than December 1, 2018, and final report to Joint Committee on Ways and Means and committees of Legislative Assembly related to judiciary no later than February 1, 2019. Appropriates moneys to Judicial Department for purchase of recording equipment and services and other expenses necessary to carry out provisions of Act. Appropriates moneys to Emergency Board to be allocated for expenses necessary to carry out provisions of Act. Declares emergency, effective on passage.
Chapter Number: Chapter 650
Fiscal Impact: Budget Report Issued
Revenue Impact: No Revenue Impact
Measure Analysis: Staff Measure Summary / Impact Statements
Current Location: Chapter Number Assigned
Current Committee:
Current Subcommittee:
Subsequent Referral(s):
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