Bill Text: TX HB2348 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB2348 Detail]
Download: Texas-2025-HB2348-Enrolled.html
| H.B. No. 2348 | ||
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| relating to the video recording of a deposition taken of the | ||
| testimony of certain elderly or disabled persons in a criminal | ||
| case. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 39.025, Code of Criminal Procedure, is | ||
| amended by adding Subsection (b-1) to read as follows: | ||
| (b-1) On the motion of either party, the court may order the | ||
| attorney representing the state to take the deposition of an | ||
| elderly or disabled person by video recording. The person | ||
| operating the video recording device must be available to testify | ||
| regarding the authenticity of the video recording and the taking of | ||
| the deposition in order for the video recording to be admissible. | ||
| SECTION 2. Article 39.12, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 39.12. PREDICATE TO READ OR PUBLISH DEPOSITION. (a) A | ||
| written or recorded deposition [ |
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| 39.02, 39.025, or 39.026 in a criminal action may [ |
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| not be read or published unless oath be made that the witness | ||
| resides out of the state; or that since the deposition was taken, | ||
| the witness has died; or that the witness has removed beyond the | ||
| limits of the state; or that the witness has been prevented from | ||
| attending the court through the act or agency of the defendant; or | ||
| by the act or agency of any person whose object was to deprive the | ||
| state or the defendant of the benefit of the testimony; or that by | ||
| reason of age or bodily infirmity, the witness cannot attend; or | ||
| that the witness is a Medicaid or Medicare recipient or a caregiver | ||
| or guardian of the recipient, and the recipient's Medicaid or | ||
| Medicare account was charged for a product or service that was not | ||
| provided or rendered to the recipient. | ||
| (b) When the deposition is sought to be used by the state, | ||
| the oath may be made by any credible person. When the deposition is | ||
| sought to be used by the defendant, the oath shall be made by the | ||
| defendant in person. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a criminal proceeding that commences on or after the effective | ||
| date of this Act. A criminal proceeding that commences before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the proceeding commenced, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2348 was passed by the House on May | ||
| 14, 2025, by the following vote: Yeas 125, Nays 13, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2348 was passed by the Senate on May | ||
| 28, 2025, by the following vote: Yeas 29, Nays 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
