HB2348 - Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.

      H.B. No. 2348         AN ACT   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  [ Depositions ] taken under Article   39.02, 39.025, or 39.026  in a criminal action may [ actions shall ]   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