BILL ANALYSIS H.B. 3197 By: Zbranek (Galloway) Criminal Justice 05-22-95 Senate Committee Report (Unamended) BACKGROUND In 1991, the Texas Supreme Court granted permission to the Liberty County Court at Law to electronically record civil proceedings. The Texas Court of Criminal Appeals has declined to grant permission to electronically record criminal matters which has resulted in the unnecessary and costly use of independent court reporters. The Texas Criminal Court of Appeals has granted permission to other counties where electronic recording has been employed in criminal cases. PURPOSE As proposed, H.B. 3197 allows the Liberty County Court at Law to use electronic recording devices to record criminal matters before the court. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 25.1482, Government Code, by adding Subsection (o), to authorize a judge of a county court at law to provide that any criminal proceeding in the county court at law be recorded by a good quality electronic recording device instead of by a court reporter, unless the defendant requests that a court reporter be present upon written motion filed with the court not later than 10 days prior to trial. Provides that the court reporter need not be present at the proceeding to certify the statement of facts if a recording device is used. SECTION 2. Emergency clause. Effective date: upon passage.