HB4139 - Relating to the use of videography in certain court proceedings.

      By: Zwiener, Johnson, Manuel 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:                             (i)     Section 20A.02(3), (4), (7), or (8),   Penal Code;                             (ii)     Section 20A.03, Penal Code, if the   defendant engaged in conduct that constitutes an offense under   Section 20A.02(3), (4), (7), or (8), Penal Code; or                             (iii)     Section 21.02, 21.11, 21.15, 22.011,   22.012, 22.021, 22.04, 22.041, 42.07, 42.072, 43.05, or 43.25,   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 that the court determines   to be sufficiently substantial to justify a restriction;                 (3)     during a conference held at the judge's or   justice's bench or otherwise outside the hearing of the jury; or                 (4)     except as provided by Subsection (c), 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:                             (i)     Section 20A.02(3), (4), (7), or (8),   Penal Code;                             (ii)     Section 20A.03, Penal Code, if engaged   in conduct constituting an offense under Section 20A.02(3), (4),   (7), or (8), Penal Code; or                             (iii)     Section 21.02, 21.11, 21.15, 22.011,   22.012, 22.021, 22.04, 22.041, 42.07, 42.072, or 43.05, 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 that the court determines   to be sufficiently substantial to justify a restriction.           (c)     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.           (d)     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.           (e)     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;                 (2)     if the information recorded by videography is for   court operations or security purposes and is confidential except to   court staff; or                 (3)     if the use of videography is intended only for the   purposes of conducting remote court proceedings and the recordings   created will not be maintained, retained, or in any way saved for   later circulation.           (f)     At least 72 hours before a court proceeding will be   recorded using videography, the court shall provide notice of the   recording by:                 (1)     notifying all jurors for and parties to the   proceeding; and                 (2)     posting notice on the court's public Internet   website.          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.