[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 721

             To allow media coverage of court proceedings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

 Mr. Grassley (for himself, Mr. Schumer, Mr. Leahy, Mr. Feingold, and 
 Mr. Moynihan) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
             To allow media coverage of court proceedings.

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

SECTION 1. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF 
              COURT PROCEEDINGS.

    (a) Authority of Appellate Courts.--Notwithstanding any other 
provision of law, the presiding judge of an appellate court of the 
United States may, in his or her discretion, permit the photographing, 
electronic recording, broadcasting, or televising to the public of 
court proceedings over which that judge presides.
    (b) Authority of District Courts.--
            (1) In general.--Notwithstanding any other provision of 
        law, any presiding judge of a district court of the United 
        States may, in his or her discretion, permit the photographing, 
        electronic recording, broadcasting, or televising to the public 
        of court proceedings over which that judge presides.
            (2) Obscuring of witnesses.--(A) Upon the request of any 
        witness in a trial proceeding other than a party, the court 
        shall order the face and voice of the witness to be disguised 
        or otherwise obscured in such manner as to render the witness 
        unrecognizable to the broadcast audience of the trial 
        proceeding.
            (B) The presiding judge in a trial proceeding shall inform 
        each witness who is not a party that the witness has the right 
        to request that his or her image and voice be obscured during 
        the witness' testimony.
    (c) Advisory Guidelines.--The Judicial Conference of the United 
States is authorized to promulgate advisory guidelines to which a 
presiding judge, in his or her discretion, may refer in making 
decisions with respect to the management and administration of 
photographing, recording, broadcasting, or televising described in 
subsections (a) and (b).

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over the court proceeding concerned. In 
        proceedings in which more than one judge participates, the 
        presiding judge shall be the senior active judge so 
        participating or, in the case of a circuit court of appeals, 
        the senior active circuit judge so participating, except that--
                    (A) in en banc sittings of any United States 
                circuit court of appeals, the presiding judge shall be 
                the chief judge of the circuit whenever the chief judge 
                participates; and
                    (B) in en banc sittings of the Supreme Court of the 
                United States, the presiding judge shall be the Chief 
                Justice whenever the Chief Justice participates.
            (2) Appellate court of the united states.--The term 
        ``appellate court of the United States'' means any United 
        States circuit court of appeals and the Supreme Court of the 
        United States.

SEC. 3. SUNSET.

    The authority under section (1)(b) shall terminate on the date that 
is 3 years after the date of the enactment of this Act.
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