Texas House Bill HB2465

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09
• Voted on by House: 4/28/09
• Out of Senate Committee: 5/20/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to taking a deposition of an elderly or disabled victim of or witness to an offense.

Impact

The implications of HB 2465 extend to procedural aspects of criminal law, particularly in the treatment of elderly and disabled victims. The legislation not only aims to provide these individuals with adequate support but also enhances their rights within the judicial system. By having a specific timeframe for depositions, the bill seeks to reduce the potential deterioration of a victim's condition or memory, thereby preserving the integrity of their testimony.

Summary

House Bill 2465 introduces significant changes to the deposition process for elderly or disabled victims in criminal cases. The bill mandates that the state or its attorney must take the deposition of such victims within 60 days after filing an application, emphasizing the importance of timely testimony in legal proceedings. By prioritizing the well-being of vulnerable victims, the bill seeks to ensure their voices are heard during legal processes, potentially leading to fairer outcomes in trials concerning offenses against them.

Contention

While the bill is largely seen as a step forward for victim rights, potential points of contention may arise concerning how this expedited process could affect the defense's ability to prepare for trial. Critics might argue that the swift timeline could limit a defendant's right to a fair trial, as they may need more time to secure their defense and fully understand the victim's testimony. Balancing the interests of vulnerable victims while ensuring fair trial rights for defendants may become a focal point of discussion in the legislative process.