SB 1267 Summary

• Amends Arizona Revised Statutes § 38-424 to allow state agencies, political subdivisions, and courts to use electronic recording devices instead of court reporters or stenographers for recording proceedings.

• Requires courts to use a court reporter or stenographer if requested in writing by either party at least five court days before a trial or hearing arising from an indictment or information, provided one is available (exception if trial must start within five days to comply with speedy trial rights).

• Requires court reporters or stenographers for title 36, chapter 37 proceedings if requested in writing by either party at least five court days in advance and one is available.

• Designates the official record as the court reporter's record if one is used; otherwise, the official record is the electronic recording prepared by the court per supreme court rules.

• Establishes that if an electronic recording is used in criminal trials or hearings, either party may request a hearing to determine if recording deficiencies prejudiced them; if deficiency is found, creates a presumption that the prejudiced party is entitled to a new trial or trial phase.