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A BILL TO BE ENTITLED
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AN ACT
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relating to the video recording of a deposition taken of the |
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testimony of certain elderly or disabled persons in a criminal |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.025, Code of Criminal Procedure, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) On the motion of either party, the court may order the |
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attorney representing the state to take the deposition of an |
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elderly or disabled person by video recording. The person |
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operating the video recording device must be available to testify |
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regarding the authenticity of the video recording and the taking of |
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the deposition in order for the video recording to be admissible. |
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(b-2) If the court finds that the video recording of the |
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deposition is properly authenticated and that requiring the jury to |
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view the entire recording would unnecessarily prolong the trial, |
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the court may allow a party to offer the entire video recording into |
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evidence without requiring the jury to view the entire video |
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recording during the trial. This subsection does not preclude the |
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attorney representing the state, the defendant, or the defendant's |
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attorney from offering into evidence and playing for the jury a |
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portion of a video-recorded deposition. |
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SECTION 2. Article 39.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 39.12. PREDICATE TO READ OR PUBLISH DEPOSITION. (a) A |
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written or recorded deposition [Depositions] taken under Article |
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39.02, 39.025, or 39.026 in a criminal action may [actions shall] |
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not be read or published unless oath be made that the witness |
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resides out of the state; or that since the deposition was taken, |
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the witness has died; or that the witness has removed beyond the |
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limits of the state; or that the witness has been prevented from |
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attending the court through the act or agency of the defendant; or |
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by the act or agency of any person whose object was to deprive the |
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state or the defendant of the benefit of the testimony; or that by |
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reason of age or bodily infirmity, the witness cannot attend; or |
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that the witness is a Medicaid or Medicare recipient or a caregiver |
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or guardian of the recipient, and the recipient's Medicaid or |
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Medicare account was charged for a product or service that was not |
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provided or rendered to the recipient. |
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(b) When the deposition is sought to be used by the state, |
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the oath may be made by any credible person. When the deposition is |
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sought to be used by the defendant, the oath shall be made by the |
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defendant in person. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |