89R23192 BCH-F
By: Zwiener H.B. No. 4139
Substitute the following for H.B. No. 4139:
By: Johnson C.S.H.B. No. 4139
A BILL TO BE ENTITLED
AN ACT
relating to the use of videography in certain court proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Government Code, is amended by
adding Section 21.014 to read as follows:
Sec. 21.014. USE OF VIDEOGRAPHY IN CERTAIN COURT
PROCEEDINGS. (a) In this section, "videography" means software or
hardware designed to record audiovisual information for wider
circulation, including by livestreaming.
(b) Except as otherwise provided by this section,
videography may not be used:
(1) during voir dire examination of a prospective
juror;
(2) in a court proceeding involving a child under the
age of 18 who was or is alleged to have been a victim of:
(A) an offense under Section 22.011, 22.04,
22.041, or 42.07, Penal Code;
(B) an offense involving family violence as
defined by Section 71.004, Family Code; or
(C) other conduct in which evidence that would be
embarrassing to the child may be offered; or
(3) except as provided by Subsection (d), 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:
(A) an offense under Section 22.011, 22.04,
22.041, or 42.07, Penal Code;
(B) an offense involving family violence as
defined by Section 71.004, Family Code; or
(C) other conduct in which evidence that would be
embarrassing to the person may be offered.
(c) Videography may record a juror only on the juror's
consent and may be used only after the juror has been discharged
from jury duty.
(d) A victim or alleged victim described by Subsection
(b)(3) may voluntarily authorize the use of videography in a court
proceeding described by that subdivision. The court shall notify
the victim or alleged victim of the person's right to authorize the
use of videography.
(e) Subsections (b)(2) and (3) may not be interpreted as
restricting the admissibility of a recorded forensic interview or
other prerecording as evidence in a court proceeding.
(f) This section does not prohibit the use of videography by
court staff:
(1) in a circumstance in which the court is not
physically open and the use of videography is necessary to comply
with the provision of Section 13, Article I, Texas Constitution,
requiring all courts to be open; or
(2) if the information recorded by videography is for
court operations or security purposes and is confidential except to
court staff.
SECTION 2. The change in law made by Section 21.014,
Government Code, as added by this Act, applies only to a court
proceeding commenced on or after the effective date of this Act. A
court proceeding commenced before the effective date of this Act 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.
SECTION 3. This Act takes effect September 1, 2025.