By: Wu (Senate Sponsor - Huffman) H.B. No. 3259
(In the Senate - Received from the House April 22, 2013;
April 24, 2013, read first time and referred to Committee on
Jurisprudence; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3259 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to the ownership of and access to certain investigation
records in child abuse and neglect cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.0145(a), Family Code, is amended to
read as follows:
(a) In this section, "case record" means those files,
reports, records, communications, audio recordings, video
recordings [audiotapes, videotapes], or working papers under the
custody and control of the department that are collected,
developed, or used:
(1) in a child abuse or neglect investigation; or
(2) in providing services as a result of an
investigation, including substitute care services for a child.
SECTION 2. Sections 264.408(d), (d-1), and (e), Family
Code, are amended to read as follows:
(d) A video recording of an [videotaped] interview of a
child that is made at a center is the property of the prosecuting
attorney involved in the criminal prosecution of the case involving
the child. If no criminal prosecution occurs, the video recording
[videotaped interview] is the property of the attorney involved in
representing the department in a civil action alleging child abuse
or neglect. If the matter involving the child is not prosecuted,
the video recording [videotape] is the property of the department
if the matter is an investigation by the department of abuse or
neglect. If the department is not investigating or has not
investigated the matter, the video recording [videotape] is the
property of the agency that referred the matter to the center. If
the center employs a custodian of records for video recordings of
[videotaped] interviews of children, the center is responsible for
the custody of the video recording [videotape]. A video recording
of an [videotaped] interview may be shared with other agencies
under a written agreement.
(d-1) A video recording of an [videotaped] interview
described by Subsection (d) is subject to production under Article
39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
Evidence. A court shall deny any request by a defendant to copy,
photograph, duplicate, or otherwise reproduce a video recording
[videotape] of an interview described by Subsection (d), provided
that the prosecuting attorney makes the video recording [videotape]
reasonably available to the defendant in the same manner as
property or material may be made available to defendants,
attorneys, and expert witnesses under Article 39.15(d), Code of
Criminal Procedure.
(e) The department shall be allowed access to a center's
video recordings of [videotaped] interviews of children.
SECTION 3. This Act takes effect September 1, 2013.
* * * * *