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AN ACT
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relating to taking a deposition of an elderly or disabled victim of |
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or witness to an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Code of Criminal Procedure, is |
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amended by adding Article 39.025 to read as follows: |
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Art. 39.025. DEPOSITIONS OF ELDERLY OR DISABLED PERSONS. |
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(a) In this article: |
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(1) "Disabled person" means a person with a disability |
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as defined by Section 3, Americans with Disabilities Act (42 U.S.C. |
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12102). |
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(2) "Elderly person" means a person 65 years of age or |
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older. |
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(b) The court shall order the attorney representing the |
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state to take the deposition of an elderly or disabled person who is |
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the alleged victim of or witness to an offense not later than the |
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60th day after the date on which the state files an application to |
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take the deposition under Article 39.02. |
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(c) The attorney representing the state and the defendant or |
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the defendant's attorney may, by written agreement filed with the |
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court, extend the deadline for the taking of the deposition. |
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(d) The court shall grant any request by the attorney |
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representing the state to extend the deadline for the taking of the |
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deposition if a reason for the request is the unavailability, |
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health, or well-being of the victim or witness. |
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(e) The Texas Rules of Civil Procedure govern the taking of |
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the deposition, except to the extent of any conflict with this code |
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or applicable court rules adopted for criminal proceedings, in |
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which event this code and the rules for criminal proceedings |
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govern. The attorney representing the state and the defendant or |
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defendant's attorney may agree to modify the rules applicable to |
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the deposition by written agreement filed with the court before the |
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taking of the deposition. |
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(f) If a defendant is unavailable to attend a deposition |
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because the defendant is confined in a correctional facility, the |
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court shall issue any orders or warrants necessary to secure the |
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defendant's presence at the deposition. The sheriff of the county |
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in which a deposition under this subsection is to be taken shall |
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provide a secure location for the taking of the deposition and |
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sufficient law enforcement personnel to ensure the deposition is |
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taken safely. The state's application to take a deposition or |
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notice of deposition is not required to include the identity of any |
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law enforcement agents the sheriff assigns to the deposition and |
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may not serve as a basis for the defendant to object to the taking of |
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the deposition. |
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(g) If a defendant is unavailable to attend a deposition for |
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any reason other than confinement in a correctional facility, the |
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defendant or defendant's attorney shall request a continuance from |
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the court. The court may grant the continuance if the defendant or |
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defendant's attorney demonstrates good cause for the continuance |
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and that the request is not brought for the purpose of delay or |
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avoidance. A defendant's failure to attend a deposition or request |
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a continuance in accordance with this subsection constitutes a |
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waiver of the defendant's right to be present at the deposition. |
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SECTION 2. The change in law made by this Act applies only |
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to an application to take a deposition that is filed on or after the |
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effective date of this Act. An application to take a deposition |
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that is filed before the effective date of this Act is covered by |
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the law in effect when the application was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2465 was passed by the House on April |
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28, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2465 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |