SENATE BILL NO. 865

April 24, 2020, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.

"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.

(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.