89R10229 JSC-D
By: Capriglione H.B. No. 2348
A BILL TO BE ENTITLED
AN ACT
relating to the video recording of a deposition taken of the
testimony of certain elderly or disabled persons in a criminal
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 39.025, Code of Criminal Procedure, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) On the motion of either party, the court may order the
attorney representing the state to take the deposition of an
elderly or disabled person by video recording. The person
operating the video recording device must be available to testify
regarding the authenticity of the video recording and the taking of
the deposition in order for the video recording to be admissible.
(b-2) If the court finds that the video recording of the
deposition is properly authenticated and that requiring the jury to
view the entire recording would unnecessarily prolong the trial,
the court may allow a party to offer the entire video recording into
evidence without requiring the jury to view the entire video
recording during the trial. This subsection does not preclude the
attorney representing the state, the defendant, or the defendant's
attorney from offering into evidence and playing for the jury a
portion of a video-recorded deposition.
SECTION 2. Article 39.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 39.12. PREDICATE TO READ OR PUBLISH DEPOSITION. (a) A
written or recorded deposition [Depositions] taken in a criminal
action as described by Article 39.01 may [actions shall] not be read
or published unless oath be made that the witness resides out of the
state; or that since the deposition was taken, the witness has died;
or that the witness has removed beyond the limits of the state; or
that the witness has been prevented from attending the court
through the act or agency of the defendant; or by the act or agency
of any person whose object was to deprive the state or the defendant
of the benefit of the testimony; or that by reason of age or bodily
infirmity, the witness cannot attend; or that the witness is a
Medicaid or Medicare recipient or a caregiver or guardian of the
recipient, and the recipient's Medicaid or Medicare account was
charged for a product or service that was not provided or rendered
to the recipient.
(b) When the deposition is sought to be used by the state,
the oath may be made by any credible person. When the deposition is
sought to be used by the defendant, the oath shall be made by the
defendant in person.
SECTION 3. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.