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Indicates New Matter
S. 775
STATUS INFORMATION
General Bill
Sponsors: Senators Mescher and Kuhn
Document Path: l:\s-jud\bills\mescher\jud0110.wcm.doc
Companion/Similar bill(s): 4446
Introduced in the Senate on January 13, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Family court records, storage, tape recording of proceedings
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2003 Senate Prefiled 12/9/2003 Senate Referred to Committee on Judiciary 1/13/2004 Senate Introduced and read first time SJ-18 1/13/2004 Senate Referred to Committee on Judiciary SJ-18
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540, SO AS TO PROVIDE THAT THE COST OF A TRANSCRIPT OF A CUSTODY OR VISITATION PROCEEDING IN FAMILY COURT SHALL NOT EXCEED TWO DOLLARS PER PAGE AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 20-7-1541, SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE MUST ESTABLISH A PROCEDURE FOR THE STORAGE OF TAPES OR OTHER SONIC RECORDINGS IN COUNTY COURTHOUSES OR OTHER GOVERNMENTALLY-OWNED OR LEASED PREMISES; AND TO ADD SECTION 20-7-1542, SO TO AUTHORIZE A PARTY IN A CUSTODY OR VISITATION PROCEEDING TO AUDIOTAPE A PROCEEDING IN FAMILY COURT IF THERE IS NO ACTIVE INTERFERENCE WITH THE CONDUCT OF THE HEARING.
Whereas, the General Assembly finds that the costs to litigants for custody and visitation cases in family court have skyrocketed;
Whereas, the costs of a custody or visitation proceeding may cost tens or even hundreds of thousands of dollars in attorney fees and other costs;
Whereas, litigants who need copies of their family court transcripts often find themselves unable to afford the cost of a transcript after having paid thousands of dollars in attorney fees and other costs;
Whereas, the cost of family court transcripts should be reasonable and affordable to all litigants;
Whereas, due process and general principles of fairness require that all transcripts be accurate reflections of the proceedings and therefore should be verbatim records of such proceedings;
Whereas, Section 14-15-30 requires that court stenographers "take full stenographic notes of all proceedings" yet many litigants find that the transcripts from their cases are not accurate records of such proceedings;
Whereas, family court reporters are paid a salary by the State of South Carolina to record court proceedings, and thus the tapes or other sonic recordings of such proceedings are the property of the State and should be safeguarded as such;
Whereas, tapes of family court proceedings are customarily stored in the court reporter's discretion at a private residence or other location, and often under a bed or in a closet;
Whereas, this current method of storage subjects the State's property to loss by inadvertent destruction by fire, theft, action of a member of the court reporter's family, or by other casualty;
Whereas, the General Assembly recognizes that transcriptions are often performed at locations other than the courthouse, and that tapes or other sonic recordings may necessarily be utilized by the court reporter away from court premises;
Whereas, the Supreme Court should establish through rule a system or other procedure whereby the tapes or other sonic recordings are accounted for through a "check out and return" system, similar to that utilized by libraries in this State, so that the tapes are more closely protected and safeguarded, and that the tapes remain on the courthouse premises or in other governmentally-controlled facilities until a transcript is requested by a litigant, and that the tapes or other sonic recordings be returned by the court reporter, upon completion of the transcript, to the courthouse or other governmental premises as directed by the Court; and
Whereas, the Supreme Court should provide by rule for an expedited procedure for the correction of inaccurate transcripts upon proof of error in order to protect the due process rights of litigants. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1 of Article 11 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1540. (A) In all custody and visitation cases, litigants are entitled to transcripts which are, as virtually possible, a verbatim copy of the proceedings.
(B) Notwithstanding any of provision of law except for subsection (C), the cost of a transcript of a court proceeding for custody or visitation shall not exceed two dollars per page, double-spaced.
(C) In cases where the transcript is requested and delivered within ten days, the cost shall not exceed four dollars per page.
(D) The Supreme Court shall provide by rule for an expedited procedure for the correction of any inaccurate transcript.
Section 20-7-1541. (A) Except as provided in subsection (B), tapes and other sonic recordings utilized in family court are the property of the State and must be stored in a secure place in governmentally-controlled facilities.
(B) Tapes may be checked out by court reporters for use in transcription by a written or electronic system as established by the Supreme Court, but must be immediately returned upon the completion of the transcription.
(C) The Supreme Court shall establish rules to conform to the provisions of this section.
Section 20-7-1542. (A) A litigant in family court is entitled to record a proceeding in which he or she is a party by means of a tape recorder or any other means of sonic reproduction, if in so recording, there is no active interference with the conduct of the proceeding.
(B) The court is not required to furnish recording equipment to any litigant.
(C) The Supreme Court shall establish rules to conform to the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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