Georgia 2025-2026 Regular Session

Georgia House Bill HB179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 179/AP
2		-	House Bill 179 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Smith of the 18
4		-	th
5		-	, Hong of the 103
6		-	rd
7		-	, Leverett of the 123
8		-	rd
9		-	, Gunter of the
10		-	8
11		-	th
12		-	, and Evans of the 57
13		-	th
14		-
	1	+	25 LC 48 1604S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 179:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated,
18		-	1
	6	+	To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated,1
19	7		relating appellate practice, so as to provide for the digital recording of certain trial2
20	8		proceedings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia3
21	9		Annotated, relating to procedure for persons under sentence of state court of record, so as to4
22	10		provide for digital recording of certain felony trial proceedings; to amend Title 15 of the5
23	11		Official Code of Georgia Annotated, relating to courts, so as to provide for the digital6
24	12		recording of certain Georgia State-wide Business Court proceedings; to provide for the7
25	13		utilization and regulation of digital recording systems; to provide for definitions; to provide8
26	14		for related matters; to provide for an effective date; to repeal conflicting laws; and for other9
27	15		purposes.10
28	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
29	17		PART I12
30	18		SECTION 1-1.13
31	19		Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to14
32	20		appellate practice, is amended by revising Code Section 5-6-41, relating to reporting,15
33		-	H. B. 179
34		-	- 1 - 25 HB 179/AP
35		-	preparation, and disposition of transcript, correction of omissions or misstatements,
36		-	16
	21	+	- 1 - 25 LC 48 1604S
	22	+	preparation, and disposition of transcript, correction of omissions or misstatements,16
37	23		preparation of transcript from recollections, filing of disallowed papers, filing of stipulations17
38	24		in lieu of transcript, and reporting at party's expense, as follows:18
39	25		"5-6-41.19
40		-	(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case
41		-	20
	26	+	(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case20
42	27		excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness21
43	28		testifies; and for all proceedings in a case in which the prosecuting attorney has filed a22
44	29		notice of intent to seek the death penalty In all felony cases, the transcript of evidence and23
45	30		proceedings shall be reported and prepared by a court reporter as provided in Code24
46	31		Section 17-8-5 or as otherwise provided by law. In all other felony proceedings, the25
47	32		transcript of evidence and proceedings shall either be reported and prepared by a court26
48	33		reporter as provided in Code Section 17-8-5 or as otherwise provided by law or, except as27
49	34		provided in Code Section 5-6-41, in the judge's discretion, be recorded via a digital28
50	35		recording system, as defined in Code Section 15-14-22, and as provided for by uniform29
51	36		court rules adopted and published by order of the Supreme Court with the advice and30
52	37		consent of the council of the affected class or classes of trial courts.31
53	38		(b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the32
54	39		reporting and transcribing of the evidence and proceedings by a court reporter on terms33
55	40		prescribed by the trial judge, or, except as provided in Code Section 5-6-41, may require34
56	41		the recording of the evidence and proceedings via a digital recording system, as defined in35
57	42		Code Section 15-14-22, and as provided for by uniform court rules adopted and published36
58	43		by order of the Supreme Court with the advice and consent of the council of the affected37
59	44		class or classes of trial courts.38
60	45		(c) In all civil cases tried in the superior and city courts, in the Georgia State-wide39
61	46		Business Court, and in any other court, the judgments of which are subject to review by the40
62	47		Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to41
63	48		have the proceedings and evidence reported by a court reporter, the costs thereof to be42
64		-	H. B. 179
65		-	- 2 - 25 HB 179/AP
	49	+	- 2 - 25 LC 48 1604S
66	50		borne equally between them, or, except as provided in Code Section 5-6-41, recorded via43
67	51		a digital recording system, as defined in Code Section 15-14-22, and as provided for by44
68	52		uniform court rules adopted and published by order of the Supreme Court with the advice45
69	53		and consent of the council of the affected class or classes of trial courts; and, where an46
70	54		appeal is taken which draws in question the transcript of the evidence and proceedings, it47
71	55		shall be the duty of the appellant to have the transcript prepared at the appellant's expense. 48
72	56		Where it is determined that the parties, or either of them, are financially unable to pay the49
73	57		costs of reporting or transcribing, and the proceeding was not recorded by a digital50
74	58		recording system, as defined in Code Section 15-14-22, the judge may, in the judge's51
75	59		discretion, authorize trial of the case unreported; and, when it becomes necessary for a52
76	60		transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving53
77	61		party to prepare the transcript from recollection or otherwise.54
78	62		(d) Where a trial in any civil or criminal case is reported by a court reporter or recorded55
79	63		via a digital recording system, as defined in Code Section 15-14-22, and as provided for56
80	64		by uniform court rules adopted and published by order of the Supreme Court with the57
81	65		advice and consent of the council of the affected class or classes of trial courts, all motions,58
82	66		colloquies, objections, rulings, evidence, whether admitted or stricken on objection or59
83	67		otherwise, copies or summaries of all documentary evidence, the charge of the court, and60
84	68		all other proceedings which may be called in question on appeal or other posttrial61
85	69		procedure shall be reported or recorded; and, where the report or recording is transcribed,62
86	70		all such matters shall be included in the written transcript, it being the intention of this63
87	71		article that all these matters appear in the record. Where matters occur which were not64
88	72		reported or recorded, such as objections to oral argument, misconduct of the jury, or other65
89	73		like instances, the court, upon motion of either party, shall require that a transcript of these66
90	74		matters be made and included as a part of the record. The transcript of proceedings shall67
91	75		not be reduced to narrative form unless by agreement of counsel; but, where the trial is not68
92	76		reported or recorded or the transcript of the proceedings for any other reason is not69
93		-	H. B. 179
94		-	- 3 - 25 HB 179/AP
95		-	available and the evidence is prepared from recollection, it may be prepared in narrative
96		-	70
	77	+	- 3 - 25 LC 48 1604S
	78	+	available and the evidence is prepared from recollection, it may be prepared in narrative70
97	79		form.71
98		-	(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital
99		-	72
	80	+	(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital72
100	81		recording system, as defined in Code Section 15-14-22, and as provided for by uniform73
101	82		court rules adopted and published by order of the Supreme Court with the advice and74
102	83		consent of the council of the affected class or classes of trial courts, and the evidence and75
103	84		proceedings are transcribed, the a court reporter shall complete the transcript and file the76
104	85		original and one copy thereof with the clerk of the trial court, together with the court77
105	86		reporter's certificate attesting to the correctness thereof. In criminal cases where the78
106	87		accused was convicted of a capital felony, an additional copy shall be filed for the Attorney79
107	88		General, for which the court reporter shall receive compensation from the Department of80
108	89		Law as provided by law. The original transcript shall be transmitted to the appellate court81
109	90		as a part of the record on appeal; and one copy will be retained in the trial court, both as82
110	91		referred to in Code Section 5-6-43. Upon filing by the court reporter, the transcript shall83
111	92		become a part of the record in the case and need not be approved by the trial judge.84
112	93		(f) Where any party contends that the transcript or record does not truly or fully disclose85
113	94		what transpired in the trial court and the parties are unable to agree thereon, the trial court86
114	95		shall set the matter down for a hearing with notice to both parties and resolve the difference87
115	96		so as to make the record conform to the truth. If anything material to either party is omitted88
116	97		from the record on appeal or is misstated therein, the parties by stipulation, or the trial89
117	98		court, either before or after the record is transmitted to the appellate court, on a proper90
118	99		suggestion or of its own initiative, may direct that the omission or misstatement shall be91
119	100		corrected and, if necessary, that a supplemental record shall be certified and transmitted by92
120	101		the clerk of the trial court. The trial court or the appellate court may at any time order the93
121	102		clerk of the trial court to send up any original papers or exhibits in the case, to be returned94
122	103		after final disposition of the appeal.95
123		-	H. B. 179
124		-	- 4 - 25 HB 179/AP
	104	+	- 4 - 25 LC 48 1604S
125	105		(g) Where a proceeding is recorded via a digital recording system, as defined in Code96
126	106		Section 15-14-22, and as provided for by uniform court rules adopted and published by97
127	107		order of the Supreme Court with the advice and consent of the council of the affected class98
128	108		or classes of trial courts, such recording shall not be considered the record of the99
129	109		proceeding unless it is transcribed and certified pursuant to subsection (b) of Code100
130	110		Section 15-14-5. Such transcript shall not be created if the recorded proceeding is also101
131	111		taken down and transcribed by a court reporter.102
132	112		(g)(h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of103
133	113		this Code section or where for any other reason the transcript of the proceedings is not104
134	114		obtainable and a transcript of the evidence and proceedings is prepared from recollection,105
135	115		the agreement of the parties thereto or their counsel, entered thereon, shall entitle such106
136	116		transcript to be filed as a part of the record in the same manner and with the same binding107
137	117		effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code108
138	118		section. In case of the inability of the parties to agree as to the correctness of such109
139	119		transcript, the decision of the trial judge thereon shall be final and not subject to review;110
140	120		and, if the trial judge is unable to recall what transpired, the judge shall enter an order111
141	121		stating that fact.112
142	122		(h)(i) Where any amendment or other pleading or paper which requires approval or113
143	123		sanction of the court in any proceeding before being filed of record is disallowed or114
144	124		sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed,115
145	125		with notation of disallowance thereon, and shall become part of the record for purposes of116
146	126		consideration on appeal or other procedure for review.117
147	127		(i)(j) In lieu of sending up a transcript of record, the parties may by agreement file a118
148	128		stipulation of the case showing how the questions arose and were decided in the trial court,119
149	129		together with a sufficient statement of facts to enable the appellate court to pass upon the120
150	130		questions presented therein. Before being transmitted to the appellate court, the stipulation121
151		-	H. B. 179
152		-	- 5 - 25 HB 179/AP
153		-	shall be approved by the trial judge or the presiding judge of the court where the case is
154		-	122
	131	+	- 5 - 25 LC 48 1604S
	132	+	shall be approved by the trial judge or the presiding judge of the court where the case is122
155	133		pending.123
156		-	(j)
157		-	(k) In all cases, civil or criminal, any party may as a matter of right have the case124
	134	+	(j)(k) In all cases, civil or criminal, any party may as a matter of right have the case124
158	135		reported by a court reporter at the party's own expense."125
159	136		SECTION 1-2.126
160	137		Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to127
161	138		procedure for persons under sentence of state court of record, is amended by revising Code128
162	139		Section 9-14-50, relating to transcription of proceedings, as follows:129
163	140		"9-14-50.130
164	141		All trials held under this article shall be recorded via a digital recording system, as defined131
165	142		in Code Section 15-14-22, and as provided for by uniform court rules adopted and132
166	143		published by order of the Supreme Court with the advice and consent of the council of the133
167	144		affected class or classes of trial courts and transcribed by a court reporter, or taken down134
168	145		and transcribed by a court reporter, as designated by the superior court hearing the case."135
169	146		PART II136
170	147		SECTION 2-1.137
171	148		Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising138
172	149		Code Section 15-5A-14, relating to the employment and compensation of other personnel,139
173	150		as follows:140
174	151		"15-5A-14.141
175	152		The judge of the Georgia State-wide Business Court may employ and fix the salaries of142
176	153		stenographers, clerical assistants, and such other employees as may be deemed necessary143
177	154		by the court; and the salaries therefor shall be paid by the clerk from the amount144
178	155		appropriated by the General Assembly for such purposes. Except as provided in145
179		-	H. B. 179
180		-	- 6 - 25 HB 179/AP
	156	+	- 6 - 25 LC 48 1604S
181	157		subsection (k) of Code Section 5-6-41, the judge may also provide for the recording of146
182	158		cases via a digital recording system, as defined in Code Section 15-14-22, and as provided147
183	159		for by uniform court rules adopted and published by order of the Supreme Court with the148
184	160		advice and consent of the Georgia State-wide Business Court."149
185	161		SECTION 2-2.150
186	162		Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to151
187	163		court reporters, waiver, and compensation relative to state courts, as follows:152
188	164		"(a) State courts shall make available for the reporting of civil and criminal trials a court153
189	165		reporter, as defined in Code Section 15-14-22, or a digital recording system, as defined in154
190	166		Code Section 15-14-22, and as provided for by uniform court rules adopted and published155
191	167		by order of the Supreme Court with the advice and consent of The Council of State Court156
192	168		Judges of Georgia Court reporting personnel shall be made available for the reporting of157
193	169		civil and criminal trials in state courts, subject to the laws governing same in the superior158
194	170		courts of this state, or both. Except as provided in subsection (k) of Code Section 5-6-41,159
195	171		the judge shall have discretion as to whether to use a digital recording system, as defined160
196	172		in Code Section 15-14-22."161
197	173		SECTION 2-3.162
198	174		Said title is further amended by revising subsection (f) of and by adding a new subsection to163
199	175		Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding,164
200	176		compensation, and role and responsibilities, to read as follows:165
201	177		"(f) The district attorney may utilize a digital recording system, as defined in Code166
202	178		Section 15-14-22, and as provided for by uniform court rules adopted and published by167
203	179		order of the Supreme Court with the advice and consent of the council of the affected class168
204	180		or classes of trial courts to record grand jury proceedings.169
205		-	H. B. 179
206		-	- 7 - 25 HB 179/AP
	181	+	- 7 - 25 LC 48 1604S
207	182		(g) Except as otherwise provided in this Code section, a recording, any court reporter's170
208	183		notes, and any transcript prepared from such recording or notes shall be provided solely to171
209	184		the district attorney, who shall retain control of such recording, notes, and transcript. The172
210	185		district attorney may use such materials to the extent such use is appropriate to the proper173
211	186		performance of his or her official duties, including compliance with Article 1 of Chapter 16174
212	187		of Title 17."175
213	188		SECTION 2-4.176
214	189		Said title is further amended by revising Code Section 15-14-1, relating to power of superior177
215	190		court judges to appoint and remove, oath, and duties, as follows:178
216	191		"15-14-1.179
217	192		The judges of the superior courts shall have power to appoint and, at their pleasure, to180
218	193		remove a court reporter, as defined in Article 2 of this chapter Code Section 15-14-22, for181
219	194		the courts of their respective circuits. The court reporter, before entering on the duties of182
220	195		the court reporter's office, shall be duly sworn in open court to perform faithfully all the183
221	196		duties required of the court reporter by law. It shall be the court reporter's duty to attend184
222	197		all courts in the circuit for which such court reporter is appointed and, when directed by the185
223	198		judge, to record exactly and truly or take stenographic notes of the testimony and186
224	199		proceedings in the case tried, except the arguments of counsel. Except as provided for in187
225	200		subsection (k) of Code Section 5-6-41, the judges may provide for the recording of cases188
226	201		and proceedings via a digital recording system, as defined in Code Section 15-14-22, and189
227	202		as provided for by uniform court rules adopted and published by order of the Supreme190
228	203		Court with the advice and consent of The Council of Superior Court Judges of Georgia191
229	204		when such recording is authorized pursuant to Code Section 5-6-41."192
230		-	H. B. 179
231		-	- 8 - 25 HB 179/AP
232		-	SECTION 2-5.
233		-	193
	205	+	- 8 - 25 LC 48 1604S
	206	+	SECTION 2-5.193
234	207		Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to194
235	208		power of city court judges to appoint and compensation, as follows:195
236	209		"(a) The judges of the city courts of this state having concurrent jurisdiction with the196
237	210		superior courts of this state to try misdemeanor cases and to try civil cases where the197
238	211		amount involved exceeds $500.00, where not otherwise specifically provided for by law,198
239		-	may appoint an official court reporter, as defined in Article 2 of this chapter
240		-	Code199
	212	+	may appoint an official court reporter, as defined in Article 2 of this chapter Code199
241	213		Section 15-14-22, whose compensation for reporting criminal and civil cases and for200
242	214		attendance upon court shall be the same as provided by the Judicial Council pursuant to201
243	215		Code Section 15-5-21. Except as provided in subsection (k) of Code Section 5-6-41, the202
244	216		judges may also provide for the recording of cases via a digital recording system, as203
245	217		defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and204
246	218		published by order of the Supreme Court with the advice and consent of the council of the205
247	219		affected class or classes of trial courts. The court reporter reporting and transcribing civil206
248	220		cases shall be paid by the party or parties requesting the reporting or transcribing."207
249	221		SECTION 2-6.208
250	222		Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe209
251	223		and certificate, as follows:210
252	224		"15-14-5.211
253	225		(a) It shall be the duty of each court reporter to transcribe the evidence and other212
254	226		proceedings of which he has taken notes as provided by law whenever requested so to do213
255	227		by counsel for any party to such case and upon being paid the legal fees for such214
256	228		transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto215
257	229		a certificate signed by him or her reciting that the transcript is true, complete, and correct. 216
258	230		Subject only to the right of the trial judge to change or require the correction of the217
259	231		transcript, the transcript so certified shall be presumed to be true, complete, and correct.218
260		-	H. B. 179
261		-	- 9 - 25 HB 179/AP
	232	+	- 9 - 25 LC 48 1604S
262	233		(b) When a court proceeding has been recorded via a digital recording system, as defined219
263	234		in Code Section 15-14-22, and as provided for by uniform court rules adopted and220
264	235		published by order of the Supreme Court with the advice and consent of the council of the221
265	236		affected class or classes of trial courts, if requested or required by law, a transcript shall be222
266	237		prepared by a certified court reporter. If a court reporter receives such recording from the223
267	238		court, the court reporter shall transcribe the recording completely and accurately in224
268	239		accordance with rules promulgated by the Judicial Council of Georgia or any applicable225
269	240		uniform rules. The court reporter, upon delivering the transcript to the requesting party or226
270	241		upon filing it with the clerk, shall affix thereto a signed certificate reciting that the227
271	242		transcript is true, complete, and correct. Subject only to the right of the trial judge to228
272	243		change or require the correction of the transcript, a transcript so certified shall be presumed229
273	244		to be true, complete, and correct."230
274	245		SECTION 2-7.231
275	246		Said title is further amended by revising Code Section 15-14-22, relating to definitions232
276	247		relative to training and certification of court reporters, as follows:233
277	248		"15-14-22.234
278	249		As used in this article, the term:235
279	250		(1) 'Board' means the Board of Court Reporting of the Judicial Council.236
280	251		(2) 'Certified court reporter' means any person certified under this article to practice237
281	252		verbatim reporting.238
282	253		(3) 'Court reporter' means any person who is engaged in the practice of court reporting239
283	254		as a profession as defined in this article. The term 'court reporter' Such term shall include240
284	255		not only those who actually report judicial proceedings in courts but also those who make241
285	256		verbatim records as defined described in paragraph (4) of this Code section.242
286	257		(4) 'Court reporting' means the making of a verbatim record by means of manual243
287	258		shorthand, machine shorthand, closed microphone voice dictation silencer, or by other244
288		-	H. B. 179
289		-	- 10 - 25 HB 179/AP
290		-	means of personal verbatim reporting of any testimony given under oath before, or for
291		-	245
	259	+	- 10 - 25 LC 48 1604S
	260	+	means of personal verbatim reporting of any testimony given under oath before, or for245
292	261		submission to, any court, referee, or court examiner or any board, commission, or other246
293	262		body created by statute, or by the Constitution of this state or in any other proceeding247
294	263		where a verbatim record is required. The taking of a deposition is the making of a248
295		-	verbatim record as defined
296		-	described in this article. Such term shall not include the249
	264	+	verbatim record as defined described in this article. Such term shall not include the249
297	265		operation of a digital recording system aside from those methods of making a verbatim250
298	266		record that require the passage of an examination accepted by the board pursuant to Code251
299	267		Section 15-14-30.252
300	268		(5) 'Digital recording system' means any method for creating an electronic audio or253
301	269		audiovisual recording of a court proceeding for the purpose of creating a verbatim254
302	270		transcript as provided for by uniform court rules adopted and published by order of the255
303	271		Supreme Court with the advice and consent of the council of the affected class or classes256
304	272		of trial courts."257
305	273		PART III258
306	274		SECTION 3-1.259
307	275		This Act shall become effective on January 1, 2026.260
308	276		SECTION 3-2.261
309	277		All laws and parts of laws in conflict with this Act are repealed.262
310		-	H. B. 179
311	278		- 11 -