BILL ANALYSIS C.S.H.B. 4139 By: Zwiener Judiciary & Civil Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE While the Texas Constitution requires courts to be open to the public, there is no existing statute that outlines the extent to which courts are required to be open to the public remotely through video streaming. The bill author has informed the committee that a Hays County judge was recently found to be livestreaming court proceedings, which raised concerns regarding a hearing involving a minor who was the victim of sexual abuse. While the district attorney in this instance ultimately made a motion to restrict the livestreaming before the full trial commenced, state statute does not provide guidance on when such livestreaming must be restricted. The bill author has also informed the committee that while the Office of Court Administration released guidance on streaming during the COVID-19 pandemic, the guidance only applied when court proceedings were being held remotely. C.S.H.B. 4139 seeks to address this issue by prohibiting the use of videography during voir dire examination of a prospective juror and in a court proceeding involving a child under the age of 18, or a person 18 years of age or older, who was or is alleged to have been a victim of certain offenses. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 4139 amends the Government Code to prohibit the use of videography in the following court proceedings: during voir dire examination of a prospective juror; in a court proceeding involving a child under the age of 18 who was or is alleged to have been a victim of the following conduct: o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment; o an offense involving family violence; or o other conduct in which evidence that would be embarrassing to the child may be offered; and in a court proceeding involving a person who is 18 years of age or older and who was or is alleged to have been a victim of the following conduct: o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment; o an offense involving family violence; or o other conduct in which evidence that would be embarrassing to the person may be offered. However, the bill authorizes such a person who is 18 years of age or older to voluntarily authorize the use of videography in their court proceeding and requires the court to notify the person of their right to authorize the use of videography. The bill authorizes the use of videography to record a juror only on the juror's consent and only after the juror has been discharged from jury duty. The bill defines "videography" as software or hardware designed to record audiovisual information for wider circulation, including by livestreaming. C.S.H.B. 4139 establishes that its provisions relating to the prohibition against videography in certain court proceedings involving a child under the age of 18 or a person who is 18 years of age or older may not be interpreted as restricting the admissibility of a recorded forensic interview or other prerecording as evidence in a court proceeding. The bill expressly does not prohibit the use of videography by court staff under the following conditions: in a circumstance in which the court is not physically open and the use of videography is necessary to comply with the provision of the Texas Constitution requiring all courts to be open; or if the information recorded by videography is for court operations or security purposes and is confidential except to court staff. C.S.H.B. 4139 applies only to a court proceeding commenced on or after the bill's effective date. A court proceeding commenced before the bill's effective date is governed by the law in effect on the date the proceeding was commenced, and the former law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 4139 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 4139
By: Zwiener
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
C.S.H.B. 4139
By: Zwiener
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE While the Texas Constitution requires courts to be open to the public, there is no existing statute that outlines the extent to which courts are required to be open to the public remotely through video streaming. The bill author has informed the committee that a Hays County judge was recently found to be livestreaming court proceedings, which raised concerns regarding a hearing involving a minor who was the victim of sexual abuse. While the district attorney in this instance ultimately made a motion to restrict the livestreaming before the full trial commenced, state statute does not provide guidance on when such livestreaming must be restricted. The bill author has also informed the committee that while the Office of Court Administration released guidance on streaming during the COVID-19 pandemic, the guidance only applied when court proceedings were being held remotely. C.S.H.B. 4139 seeks to address this issue by prohibiting the use of videography during voir dire examination of a prospective juror and in a court proceeding involving a child under the age of 18, or a person 18 years of age or older, who was or is alleged to have been a victim of certain offenses.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 4139 amends the Government Code to prohibit the use of videography in the following court proceedings: during voir dire examination of a prospective juror; in a court proceeding involving a child under the age of 18 who was or is alleged to have been a victim of the following conduct: o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment; o an offense involving family violence; or o other conduct in which evidence that would be embarrassing to the child may be offered; and in a court proceeding involving a person who is 18 years of age or older and who was or is alleged to have been a victim of the following conduct: o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment; o an offense involving family violence; or o other conduct in which evidence that would be embarrassing to the person may be offered. However, the bill authorizes such a person who is 18 years of age or older to voluntarily authorize the use of videography in their court proceeding and requires the court to notify the person of their right to authorize the use of videography. The bill authorizes the use of videography to record a juror only on the juror's consent and only after the juror has been discharged from jury duty. The bill defines "videography" as software or hardware designed to record audiovisual information for wider circulation, including by livestreaming. C.S.H.B. 4139 establishes that its provisions relating to the prohibition against videography in certain court proceedings involving a child under the age of 18 or a person who is 18 years of age or older may not be interpreted as restricting the admissibility of a recorded forensic interview or other prerecording as evidence in a court proceeding. The bill expressly does not prohibit the use of videography by court staff under the following conditions: in a circumstance in which the court is not physically open and the use of videography is necessary to comply with the provision of the Texas Constitution requiring all courts to be open; or if the information recorded by videography is for court operations or security purposes and is confidential except to court staff. C.S.H.B. 4139 applies only to a court proceeding commenced on or after the bill's effective date. A court proceeding commenced before the bill's effective date is governed by the law in effect on the date the proceeding was commenced, and the former law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 4139 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.
BACKGROUND AND PURPOSE
While the Texas Constitution requires courts to be open to the public, there is no existing statute that outlines the extent to which courts are required to be open to the public remotely through video streaming. The bill author has informed the committee that a Hays County judge was recently found to be livestreaming court proceedings, which raised concerns regarding a hearing involving a minor who was the victim of sexual abuse. While the district attorney in this instance ultimately made a motion to restrict the livestreaming before the full trial commenced, state statute does not provide guidance on when such livestreaming must be restricted. The bill author has also informed the committee that while the Office of Court Administration released guidance on streaming during the COVID-19 pandemic, the guidance only applied when court proceedings were being held remotely. C.S.H.B. 4139 seeks to address this issue by prohibiting the use of videography during voir dire examination of a prospective juror and in a court proceeding involving a child under the age of 18, or a person 18 years of age or older, who was or is alleged to have been a victim of certain offenses.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 4139 amends the Government Code to prohibit the use of videography in the following court proceedings:
during voir dire examination of a prospective juror;
in a court proceeding involving a child under the age of 18 who was or is alleged to have been a victim of the following conduct:
o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment;
o an offense involving family violence; or
o other conduct in which evidence that would be embarrassing to the child may be offered; and
in a court proceeding involving a person who is 18 years of age or older and who was or is alleged to have been a victim of the following conduct:
o sexual assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child, elderly individual, or disabled individual; or harassment;
o an offense involving family violence; or
o other conduct in which evidence that would be embarrassing to the person may be offered.
However, the bill authorizes such a person who is 18 years of age or older to voluntarily authorize the use of videography in their court proceeding and requires the court to notify the person of their right to authorize the use of videography. The bill authorizes the use of videography to record a juror only on the juror's consent and only after the juror has been discharged from jury duty. The bill defines "videography" as software or hardware designed to record audiovisual information for wider circulation, including by livestreaming.
C.S.H.B. 4139 establishes that its provisions relating to the prohibition against videography in certain court proceedings involving a child under the age of 18 or a person who is 18 years of age or older may not be interpreted as restricting the admissibility of a recorded forensic interview or other prerecording as evidence in a court proceeding. The bill expressly does not prohibit the use of videography by court staff under the following conditions:
in a circumstance in which the court is not physically open and the use of videography is necessary to comply with the provision of the Texas Constitution requiring all courts to be open; or
if the information recorded by videography is for court operations or security purposes and is confidential except to court staff.
C.S.H.B. 4139 applies only to a court proceeding commenced on or after the bill's effective date. A court proceeding commenced before the bill's effective date is governed by the law in effect on the date the proceeding was commenced, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
C.S.H.B. 4139 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.