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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5307 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5307

 To amend title 28, United States Code, with respect to photographing, 
             recording, and broadcasting court proceedings.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 1994

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 28, United States Code, with respect to photographing, 
             recording, and broadcasting court proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) the right to public trials and other court proceedings 
        is protected by the First and Sixth Amendments to the 
        Constitution;
            (2) while members of the public once commonly attended 
        trials in person, today they must rely on the print and 
        electronic media to learn about court proceedings;
            (3) Americans' understanding of the courts and their 
        important work, as well as respect for the judicial system, is 
        enhanced when photographic and electronic media coverage is 
        permitted;
            (4) while 47 States now allow photographic and electronic 
        media coverage of some or all of their courts, Federal courts 
        have been entirely closed to such coverage, aside from a 
        limited experimental program;
            (5) the presence of cameras and microphones in the 
        courtroom does not deny litigants due process of law, or 
        interfere with the fundamental fairness of the trial, as the 
        Supreme Court recognized more than a decade ago in Chandler v. 
        Florida; and
            (6) photographic and electronic media coverage of the 
        courts does not, when appropriately regulated, either disrupt 
        the proceedings or undermine the fair administration of 
        justice.

SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS.

    Chapter 111 of title 28, United States Code, is amended by adding 
at the end the following new section:
``Sec. 1659. Media coverage of court proceedings
    ``(a) Media Coverage.--
            ``(1) In criminal proceedings.--The Judicial Conference 
        shall, within 1 year after the effective date of this section, 
        authorize an experimental program in which the presiding judge 
        of a court of the United States may, in his or her discretion, 
        and subject to the provisions of this section, permit 
        photographic or electronic media coverage of criminal court 
        proceedings, including trials. At least 15 Federal judicial 
        districts shall participate in the experimental program.
            ``(2) In civil proceedings.--Any presiding judge of a court 
        of the United States may, in his or her discretion, and subject 
        to the provisions of this section, permit photographic or 
        electronic media coverage of civil court proceedings, including 
        trials.
            ``(3) General limitations.--The court may in any case 
        refuse, limit, or terminate photographic or electronic media 
        coverage in the interests of justice to protect the rights of 
        the parties and the dignity of the court, or to assure the fair 
        administration of justice. No changes in the scheduling, form, 
        or procedure of any court proceeding may be made, by virtue of 
        this section, for the benefit of the media in providing 
        photographic or electronic media coverage under this section.
    ``(b) Permission To Use Media Coverage.--
            ``(1) Requests for permission.--A request for permission to 
        use photographic or electronic media coverage of a court 
        proceeding under this section shall be made on a form approved 
        by the Judicial Conference that is filed within a reasonable 
        time before the portion of the proceeding for which media 
        coverage is requested. The clerk of the court shall promptly 
        notify the parties to the proceeding of the request.
            ``(2) Action of the court on requests.--A decision of the 
        court granting or denying a request for photographic or 
        electronic media coverage shall be in writing and shall be 
        included in the record of the court proceedings. A decision to 
        permit such coverage shall contain any restrictions imposed by 
        the judge on the photographic or electronic media coverage and 
        shall contain a statement advising the parties that any 
        violation of the rules of the court with respect to such 
        permission may be punished by the court as a contempt thereof. 
        A decision of the court under this paragraph to grant or deny a 
        request for photographic or electronic media coverage may be 
        set aside on review only if it is found to be an abuse of 
        discretion.
            ``(3) Pretrial conference.--A pretrial conference shall be 
        held in each case in which photographic or electronic media 
        coverage of a proceeding has been approved. At such conference, 
        the presiding judge shall review with counsel and the media who 
        will participate in the photographic or electronic media 
        coverage the restrictions to be imposed on such coverage. 
        Counsel shall convey to the court any concerns of prospective 
        witnesses with respect to the photographic or electronic media 
        coverage.
    ``(c) Prohibited Coverage.--
            ``(1) Prohibitions.--Proceedings held in chambers, 
        proceedings closed to the public, and jury selection shall not 
        be photographed, recorded, or broadcast under this section. The 
        testimony of police informants, minors, undercover agents, and 
        in cases involving sex offenses, the victim and family of the 
        victim, shall not be photographed, recorded, or broadcast under 
        this section. Conferences between an attorney and a client, 
        witness, or aide, between attorneys, or between counsel and the 
        court at the bench shall not be recorded or received by sound 
        equipment. Closeup photography of jurors is prohibited.
            ``(2) Arraignments and suppression hearings.--Photographic 
        or electronic media coverage of arraignments and suppression 
        hearings shall not be permitted unless the proceedings are open 
        to the public.
            ``(3) Witnesses at criminal trials.--Upon the request of a 
        witness in any criminal proceeding for which photographic or 
        electronic media coverage is permitted under this section, the 
        presiding judge may, for good cause shown based on the 
        circumstances of that witness, order that the visual image of 
        the witness be obscured.
    ``(d) Equipment and Personnel.--The court may require media 
personnel to demonstrate that equipment proposed to be used for 
photographic or electronic media coverage under this section complies 
with this section. The court may specify the placement of media 
personnel and equipment to permit reasonable coverage without 
disruption of the proceedings. Unless the court in its discretion 
orders otherwise, the following applies:
            ``(1) Only 2 television cameras and 2 still photographers, 
        with not more than 4 cameras and 6 lenses, are permitted.
            ``(2) Equipment shall not produce distracting sound or 
        light. Signal lights or devices indicating when equipment is 
        operating shall not be visible.
            ``(3) If the court permits existing courtroom sound and 
        lighting systems to be modified, the modifications shall be 
        installed, maintained, and removed without cost to the Federal 
        Government. Microphones and wiring shall be unobtrusively 
        located in places approved by the court and shall be operated 
        by 1 person.
            ``(4) Operators shall not move equipment or enter or leave 
        the courtroom while the court is in session, or otherwise cause 
        a distraction.
            ``(5) Equipment or clothing shall not bear the insignia or 
        marking of a media agency.
    ``(e) Pooling.--If media agencies are unable to agree on 
arrangements for pooled coverage of a proceeding, the court shall deny 
photographic and electronic media coverage of the proceeding under this 
section.
    ``(f) Other Photographing, Recording, or Broadcasting.--Any 
photographing, recording, or broadcasting of court proceedings, other 
than that permitted under this section, is prohibited unless 
specifically authorized by the court, except that the court may not 
waive any provision of subsection (c).
    ``(g) Review Committee.--
            ``(1) Creation.--There shall be created a committee to 
        evaluate whether photographic or electronic media coverage of 
        criminal court proceedings should be permitted after June 30, 
        1998, or whether such coverage so disrupts or interferes with 
        the fairness of criminal court proceedings as to justify its 
        prohibition.
            ``(2) Membership.--The committee shall consist of 16 
        members, 4 to be appointed by the Judicial Conference, 4 to be 
        appointed by the Attorney General of the United States, 2 to be 
        appointed by the Speaker of the House of Representatives, 2 to 
        be appointed by the minority leader of the House of 
        Representatives, 2 to be appointed by the majority leader of 
        the Senate, and 2 to be appointed by the minority leader of the 
        Senate. The chair of the committee shall be appointed by the 
        Judicial Conference. At least 1 member of the committee 
        appointed by the Attorney General shall be a representative of 
        the electronic news media, and at least 1 member of the 
        committee appointed by the Judicial Conference shall be a trial 
        judge who has had experience with photographic or electronic 
        media coverage of court proceedings.
            ``(3) Duties.--The committee shall evaluate, analyze, and 
        monitor the effect of media coverage of criminal court 
        proceedings on the administration of justice. The Federal 
        Judicial Center shall cooperate with the committee in 
        connection with the review of the impact of photographic or 
        electronic media coverage on criminal court proceedings. The 
        committee may request participation and assistance from bar 
        associations in carrying out its functions.
            ``(4) Compensation.--The members of the committee shall 
        serve without compensation for their services as members of the 
        committee, except that each member of the committee who is not 
        an officer or employee of the Federal Government may be allowed 
        necessary and actual expenses incurred in the performance of 
        his or her duties under this subsection. Such expenses shall be 
        paid by the Administrative Office of the United States Courts.
            ``(5) Recommendations.--The committee shall make 
        recommendations to the Congress and to the Judicial Conference 
        with respect to the efficacy of the experimental program 
        authorized by subsection (a)(1), the effects of the program on 
        the administration of justice, and whether the program should 
        be continued. Such recommendations shall be submitted not later 
        than January 31, 1998.
    ``(h) Rules and Regulations.--The Judicial Conference shall 
promulgate appropriate rules to carry out this section after affording 
all interested persons, agencies, and institutions an opportunity to 
review and comment thereon. Such rules shall include provisions to 
ensure that the photographic or electronic media coverage of court 
proceedings does not interfere with the decorum and dignity of 
courtrooms and court facilities.
    ``(i) Definitions.--For purposes of this section--
            ``(1) the term `photographic or electronic media coverage' 
        means any recording or broadcasting of court proceedings by the 
        media using television, radio, photographic, or recording 
        equipment; and
            ``(2) the term `media' or `media agency' means any person 
        or organization engaging in news gathering or reporting and 
        includes any newspaper, radio or television station or network, 
        news service, magazine, trade paper, in-house publication, 
        professional journal, or other news reporting or news gathering 
        agency.
    ``(j) Termination or Extension of Program.--
            ``(1) Termination.--Subject to paragraph (2), the 
        experimental program authorized by subsection (a)(1) shall 
        terminate on June 30, 1998.
            ``(2) Extension by judicial conference.--Paragraph (1) does 
        not apply if the Judicial Conference extends the program 
        authorized by subsection (a)(1) and so notifies the Congress in 
        writing before June 30, 1998. Such extension may apply to 
        criminal proceedings in all judicial districts (subject to 
        subsection (c)) and may apply until such time as the Judicial 
        Conference provides otherwise.
    ``(k) Inapplicability of Rule 53 of the Rules of Criminal 
Procedure.--Rule 53 of the Federal Rules of Criminal Procedure does not 
apply during the period the program authorized by subsection (a)(1) 
(including any extension under subsection (j)(2)) is in effect.
    ``(l) Independent Action by Judicial Conference.--Nothing in this 
section precludes the Judicial Conference from authorizing photographic 
and electronic media coverage of criminal proceedings before the 
program authorized by subsection (a)(1) terminates.''.

SEC. 3. CONFORMING AMENDMENT.

    The table of sections for chapter III of title 28, United States 
Code, is amended by adding at the end the following:

``1659. Media coverage of court proceedings.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the 
date of the enactment of this Act.
                                 <all>
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