Texas 2025 - 89th Regular

Texas House Bill HB2348 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10229 JSC-D
2	2	By: Capriglione H.B. No. 2348
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the video recording of a deposition taken of the
10	10	testimony of certain elderly or disabled persons in a criminal
11	11	case.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 39.025, Code of Criminal Procedure, is
14	14	amended by adding Subsections (b-1) and (b-2) to read as follows:
15	15	(b-1) On the motion of either party, the court may order the
16	16	attorney representing the state to take the deposition of an
17	17	elderly or disabled person by video recording. The person
18	18	operating the video recording device must be available to testify
19	19	regarding the authenticity of the video recording and the taking of
20	20	the deposition in order for the video recording to be admissible.
21	21	(b-2) If the court finds that the video recording of the
22	22	deposition is properly authenticated and that requiring the jury to
23	23	view the entire recording would unnecessarily prolong the trial,
24	24	the court may allow a party to offer the entire video recording into
25	25	evidence without requiring the jury to view the entire video
26	26	recording during the trial. This subsection does not preclude the
27	27	attorney representing the state, the defendant, or the defendant's
28	28	attorney from offering into evidence and playing for the jury a
29	29	portion of a video-recorded deposition.
30	30	SECTION 2. Article 39.12, Code of Criminal Procedure, is
31	31	amended to read as follows:
32	32	Art. 39.12. PREDICATE TO READ OR PUBLISH DEPOSITION. (a) A
33	33	written or recorded deposition [Depositions] taken in a criminal
34	34	action as described by Article 39.01 may [actions shall] not be read
35	35	or published unless oath be made that the witness resides out of the
36	36	state; or that since the deposition was taken, the witness has died;
37	37	or that the witness has removed beyond the limits of the state; or
38	38	that the witness has been prevented from attending the court
39	39	through the act or agency of the defendant; or by the act or agency
40	40	of any person whose object was to deprive the state or the defendant
41	41	of the benefit of the testimony; or that by reason of age or bodily
42	42	infirmity, the witness cannot attend; or that the witness is a
43	43	Medicaid or Medicare recipient or a caregiver or guardian of the
44	44	recipient, and the recipient's Medicaid or Medicare account was
45	45	charged for a product or service that was not provided or rendered
46	46	to the recipient.
47	47	(b) When the deposition is sought to be used by the state,
48	48	the oath may be made by any credible person. When the deposition is
49	49	sought to be used by the defendant, the oath shall be made by the
50	50	defendant in person.
51	51	SECTION 3. The change in law made by this Act applies only
52	52	to a criminal proceeding that commences on or after the effective
53	53	date of this Act. A criminal proceeding that commences before the
54	54	effective date of this Act is governed by the law in effect on the
55	55	date the proceeding commenced, and the former law is continued in
56	56	effect for that purpose.
57	57	SECTION 4. This Act takes effect September 1, 2025.