| 1 | 1 | | By: Zwiener H.B. No. 4139 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the use of videography in relation to certain court |
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| 9 | 9 | | proceedings. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 21, Government Code, is amended by |
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| 12 | 12 | | adding Section 21.014 to read as follows: |
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| 13 | 13 | | Sec. 21.014. USE OF VIDEOGRAPHY IN RELATION TO CERTAIN |
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| 14 | 14 | | COURT PROCEEDINGS. (a) In this section, "videography" means |
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| 15 | 15 | | software or hardware designed to record audio and visual |
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| 16 | 16 | | information for wider circulation, including livestreaming. |
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| 17 | 17 | | (b) Except as otherwise provided by this section, |
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| 18 | 18 | | videography may not be used: |
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| 19 | 19 | | (1) during voir dire examination of a prospective |
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| 20 | 20 | | juror; |
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| 21 | 21 | | (2) in a court proceeding involving a child under the |
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| 22 | 22 | | age of 18 who was or is alleged to have been a victim of: |
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| 23 | 23 | | (A) an offense under Section 22.011, 22.04, |
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| 24 | 24 | | 22.041, or 42.07, Penal Code; |
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| 25 | 25 | | (B) an offense involving family violence as |
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| 26 | 26 | | defined by Section 71.004, Family Code; or |
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| 27 | 27 | | (C) other conduct in which evidence that would be |
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| 28 | 28 | | embarrassing to the child may be offered; or |
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| 29 | 29 | | (3) except as provided by Subsection (d), in a court |
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| 30 | 30 | | proceeding involving a person who is 18 years of age or older and |
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| 31 | 31 | | who was or is alleged to have been a victim of: |
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| 32 | 32 | | (A) an offense under Section 22.011, 22.04, |
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| 33 | 33 | | 22.041, or 42.07, Penal Code; |
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| 34 | 34 | | (B) an offense involving family violence as |
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| 35 | 35 | | defined by Section 71.004, Family Code; or |
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| 36 | 36 | | (C) other conduct in which evidence that would be |
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| 37 | 37 | | embarrassing to the person may be offered. |
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| 38 | 38 | | (c) Videography may be used to record a juror only after the |
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| 39 | 39 | | juror has been discharged from jury duty and the juror consents. |
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| 40 | 40 | | (d) A victim or alleged victim described by Subsection |
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| 41 | 41 | | (b)(3) may voluntarily authorize the use of videography in a court |
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| 42 | 42 | | proceeding described by that subdivision. The court shall notify |
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| 43 | 43 | | the victim or alleged victim of the person's right to authorize the |
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| 44 | 44 | | use of videography. |
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| 45 | 45 | | (e) Subsections (b)(2) and (3) shall not be interpreted as |
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| 46 | 46 | | restricting the admissibility of a recorded forensic interview or |
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| 47 | 47 | | other prerecording as evidence in a court proceeding. |
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| 48 | 48 | | (f) This section does not prohibit the use of videography by |
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| 49 | 49 | | court staff: |
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| 50 | 50 | | (1) in a circumstance in which the court is not |
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| 51 | 51 | | physically open and the use of videography is necessary to comply |
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| 52 | 52 | | with the provision of Section 13, Article I, Texas Constitution, |
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| 53 | 53 | | requiring all courts to be open; or |
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| 54 | 54 | | (2) if the information recorded by videography is for |
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| 55 | 55 | | court operations or security purposes and is confidential except to |
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| 56 | 56 | | court staff. |
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| 57 | 57 | | SECTION 2. The change in law made by Section 21.014, |
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| 58 | 58 | | Government Code, as added by this Act, applies only to a court |
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| 59 | 59 | | proceeding commenced on or after the effective date of this Act. A |
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| 60 | 60 | | court proceeding commenced before the effective date of this Act is |
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| 61 | 61 | | governed by the law in effect on the date the proceeding was |
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| 62 | 62 | | commenced, and the former law is continued in effect for that |
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| 63 | 63 | | purpose. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2025. |
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