Bill Text: TX HB3259 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain investigation records in child abuse and neglect cases and to information regarding a child available to prospective adoptive parents.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3259 Detail]
Download: Texas-2013-HB3259-Comm_Sub.html
Bill Title: Relating to certain investigation records in child abuse and neglect cases and to information regarding a child available to prospective adoptive parents.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3259 Detail]
Download: Texas-2013-HB3259-Comm_Sub.html
83R19690 MCK-F | |||
By: Wu | H.B. No. 3259 | ||
Substitute the following for H.B. No. 3259: | |||
By: Raymond | C.S.H.B. No. 3259 |
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relating to the ownership of and access to certain investigation | ||
records in child abuse and neglect cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 264.0145(a), Family Code, is amended to | ||
read as follows: | ||
(a) In this section, "case record" means those files, | ||
reports, records, communications, audio recordings, video | ||
recordings [ |
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custody and control of the department that are collected, | ||
developed, or used: | ||
(1) in a child abuse or neglect investigation; or | ||
(2) in providing services as a result of an | ||
investigation, including substitute care services for a child. | ||
SECTION 2. Sections 264.408(d), (d-1), and (e), Family | ||
Code, are amended to read as follows: | ||
(d) A video recording of an [ |
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child that is made at a center is the property of the prosecuting | ||
attorney involved in the criminal prosecution of the case involving | ||
the child. If no criminal prosecution occurs, the video recording | ||
[ |
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representing the department in a civil action alleging child abuse | ||
or neglect. If the matter involving the child is not prosecuted, | ||
the video recording [ |
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if the matter is an investigation by the department of abuse or | ||
neglect. If the department is not investigating or has not | ||
investigated the matter, the video recording [ |
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property of the agency that referred the matter to the center. If | ||
the center employs a custodian of records for video recordings of | ||
[ |
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the custody of the video recording [ |
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of an [ |
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under a written agreement. | ||
(d-1) A video recording of an [ |
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described by Subsection (d) is subject to production under Article | ||
39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of | ||
Evidence. A court shall deny any request by a defendant to copy, | ||
photograph, duplicate, or otherwise reproduce a video recording, or | ||
the audio portion of a video recording, [ |
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described by Subsection (d), provided that the prosecuting attorney | ||
makes the video recording [ |
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defendant in the same manner as property or material may be made | ||
available to defendants, attorneys, and expert witnesses under | ||
Article 39.15(d), Code of Criminal Procedure. | ||
(e) The department shall be allowed access to a center's | ||
video recordings of [ |
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SECTION 3. This Act takes effect September 1, 2013. |