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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership of and access to certain investigation |
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records in child abuse and neglect cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.0145(a), Family Code, is amended to |
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read as follows: |
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(a) In this section, "case record" means those files, |
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reports, records, communications, audio recordings, video |
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recordings [audiotapes, videotapes], or working papers under the |
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custody and control of the department that are collected, |
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developed, or used: |
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(1) in a child abuse or neglect investigation; or |
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(2) in providing services as a result of an |
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investigation, including substitute care services for a child. |
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SECTION 2. Sections 264.408(d), (d-1), and (e), Family |
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Code, are amended to read as follows: |
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(d) A video recording of an [videotaped] interview of a |
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child that is made at a center is the property of the prosecuting |
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attorney involved in the criminal prosecution of the case involving |
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the child. If no criminal prosecution occurs, the video recording |
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[videotaped interview] is the property of the attorney involved in |
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representing the department in a civil action alleging child abuse |
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or neglect. If the matter involving the child is not prosecuted, |
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the video recording [videotape] is the property of the department |
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if the matter is an investigation by the department of abuse or |
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neglect. If the department is not investigating or has not |
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investigated the matter, the video recording [videotape] is the |
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property of the agency that referred the matter to the center. If |
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the center employs a custodian of records for video recordings of |
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[videotaped] interviews of children, the center is responsible for |
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the custody of the video recording [videotape]. A video recording |
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of an [videotaped] interview may be shared with other agencies |
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under a written agreement. |
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(d-1) A video recording of an [videotaped] interview |
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described by Subsection (d) is subject to production under Article |
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39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of |
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Evidence. A court shall deny any request by a defendant to copy, |
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photograph, duplicate, or otherwise reproduce a video recording, or |
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the audio portion of a video recording, [videotape] of an interview |
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described by Subsection (d), provided that the prosecuting attorney |
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makes the video recording [videotape] reasonably available to the |
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defendant in the same manner as property or material may be made |
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available to defendants, attorneys, and expert witnesses under |
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Article 39.15(d), Code of Criminal Procedure. |
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(e) The department shall be allowed access to a center's |
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video recordings of [videotaped] interviews of children. |
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SECTION 3. This Act takes effect September 1, 2013. |