[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 829 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 829

             To allow media coverage of court proceedings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2005

  Mr. Grassley (for himself, Mr. Schumer, Mr. Cornyn, Mr. Leahy, Mr. 
Craig, Mr. Feingold, Mr. Allen, Mr. Durbin, Mr. Graham, Mr. DeWine, and 
  Mr. Allard) 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. SHORT TITLE.

    This Act may be cited as the ``Sunshine in the Courtroom Act of 
2005''.

SEC. 2. DEFINITIONS.

    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 1 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. 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 the discretion of that judge, 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 the discretion of that judge, permit the 
        photographing, electronic recording, broadcasting, or 
        televising to the public of court proceedings over which that 
        judge presides.
            (2) Obscuring of witnesses.--
                    (A) In general.--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) Notification to witnesses.--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 the image and voice of that witness be obscured 
                during the witness' testimony.
    (c) Advisory Guidelines.--The Judicial Conference of the United 
States may promulgate advisory guidelines to which a presiding judge, 
in the discretion of that judge, may refer in making decisions with 
respect to the management and administration of photographing, 
recording, broadcasting, or televising described under subsections (a) 
and (b).

SEC. 4. SUNSET.

    The authority under section 3(b) shall terminate 3 years after the 
date of the enactment of this Act.
                                 <all>