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A BILL TO BE ENTITLED
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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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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(1). |
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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 deposition of an elderly or disabled person who is |
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the alleged victim of an offense shall be taken by the state or its |
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attorney not later than the 60th day after the date on which the |
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state files an application to take the deposition under Article |
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39.02. The Court in which the application is filed shall grant the |
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application. The state and the defendant or the defendant's |
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attorney may, by written agreement filed with the Court, extend the |
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deadline for the taking of the deposition. The Court shall grant |
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any request by the state to extend the deadline for the taking of |
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the deposition if a reason for the request is the unavailability, |
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health, or well-being of the victim. The provisions of the Texas |
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Rules of Civil Procedure shall govern the taking of the deposition |
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except where such Rules conflict with the Texas Rules of Criminal |
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Procedure, in which case the Texas Rules of Criminal Procedure |
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shall govern. The state and the defendant, or the defendant's |
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attorney may agree to modify the rules, but such agreement shall be |
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in writing and filed with the Court prior to the taking of the |
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deposition. If a defendant is unavailable to attend a deposition |
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because he is incarcerated, the Court shall issue any orders or |
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warrants that may be necessary to secure his presence. The Sheriff |
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of the county in which the deposition is to be taken shall provide a |
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secure location and sufficient law enforcement personnel at such |
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location and deposition such that the deposition can be safely |
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taken. The state's application or notice of deposition need not |
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include the identity of any law enforcement agents assigned to the |
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deposition by the Sheriff, and shall not serve as a basis for the |
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defendant objecting to the same. If a defendant is unavailable for |
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any other reason, it is the obligation of the defendant or his |
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attorney to request a continuance from the court and provide |
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evidence and argument sufficient to satisfy the court that the |
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request is not brought for the purpose of delay or avoidance. |
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Failure to do so is a waiver of the defendant's rights to be present |
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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. |