Bill Text: MI SB0865 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Courts: other; procedures and regulations related to cellular telephones in courtrooms; provide restrictions and penalties. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1746.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-02 - Referred To Committee Of The Whole [SB0865 Detail]
Download: Michigan-2019-SB0865-Introduced.html
SENATE BILL NO. 865
April 24, 2020, Introduced by Senator LUCIDO
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 1746.
the people of the state of michigan enact:
Sec. 1746. (1) Except as otherwise provided
in this section, an individual may possess and use a portable electronic device
in a courthouse.
(2)
This section is subject to the authority of the court, clerks of the court, and
court administrators to limit or terminate any activity that disrupts court
operations, compromises courthouse security, or is contrary to the
administration of justice.
(3)
An individual shall not use a portable electronic device to photograph, record,
broadcast, or live stream any juror or anyone called to the court for jury
service. An individual may use a portable electronic device to photograph,
record, broadcast, or live stream in a courthouse only as follows:
(a)
In a courtroom if allowed by the presiding judge.
(b)
In areas of the courthouse other than a courtroom with an individual's express prior
consent to the photographing, recording, broadcasting, or live streaming of the
individual.
(4)
Subject to subsection (3), the court may adopt additional, reasonable limits on
an individual's ability to photograph, record, broadcast, or live stream in a
courthouse by local administrative order.
(5)
A juror or prospective juror may possess and use a portable electronic device,
subject to the following limitations:
(a)
A portable electronic device must be turned off while present in a courtroom.
(b)
If the court provides jurors with a phone number where the jurors can be reached
in an emergency during deliberations, the court may require jurors to turn over
their portable electronic device to the court during deliberations.
(6)
A witness may possess and use a portable electronic device, subject to the
following limitations:
(a)
A portable electronic device must be silenced while in a courtroom.
(b)
A portable electronic device may only be used by a witness while he or she is testifying
with permission of the presiding judge.
(7)
An individual shall not use a portable electronic device to communicate in any
way with any courtroom participant including, but not limited to, a party, a
witness, or a juror at any time during any court proceeding.
(8)
An attorney, party, or member of the public may use portable electronic devices
for the following purposes:
(a)
In a courtroom to retrieve or to store information, including note taking, to
access the internet, and to send and receive text messages or information, if
all audible sounds have been silenced.
(b)
In a courtroom to make or to receive telephone calls or for any other audible
function while court is in session, with permission of the presiding judge.
(c)
In a clerk's office to reproduce a public court document, if the device leaves
no mark or impression on the document and does not unreasonably interfere with
the operation of the clerk's office.
(9)
The court shall use reasonable means, including posting the notice on the
website, to advise courthouse visitors of the requirements of this section.
(10)
This section does not modify or supersede the guidelines for media coverage of
court proceedings set forth by supreme court administrative order, Administrative
Order No. 1989-1.
(11)
A violation of this section is punishable by sanctions as determined by the
court, including, but not limited to:
(a)
Contempt of court under this chapter.
(b)
Confiscation of the portable electronic device from an individual for a time
period not to exceed the remainder of the court day.
(c)
An order that the portable electronic device be turned off, put in a location
as determined by the court, or both.
(12)
As used in this section:
(a)
"Courthouse" includes, but is not limited to, all courtrooms, areas within
the exterior walls of a court building, or if the court does not occupy the
entire building, that portion of the building used for the administration and
operation of the court, and areas outside a court building where a judge
conducts an event concerning a court case.
(b)
"Courtroom" means the portion of a courthouse where judicial proceedings
take place.
(c)
"Portable electronic device" means a mobile device capable of electronically
storing, accessing, or transmitting information, including, but not limited to a
transportable computer of any size, including a tablet, notebook, and laptop, a
smart phone, cell phone, or other wireless phone, a camera, audio or video
recording devices, a personal digital assistant, other devices that provide internet
access, and any similar item.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
