By: Nelson S.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to video recordings made by children's advocacy centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.408(d), Family Code, is amended to
read as follows:
(d) A video recording of an interview of a child that is made
by [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 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 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 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 interviews of children, the center is
responsible for the custody of the video recording. A video
recording of an interview may be shared with other agencies under a
written agreement.]
SECTION 2. This Act takes effect September 1, 2015.