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.