Relating to the admissibility of video recordings of oral statements in the prosecution of certain sexual or assaultive offenses committed against a child or person with a disability.

The text as introduced · 296 words

90R3705 MZM-F

By: Leach
H.B. No. 254

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of video recordings of oral

statements in the prosecution of certain sexual or assaultive

offenses committed against a child or person with a disability.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2, Article 38.072, Code of Criminal

Procedure, is amended by adding Subsection (c) to read as follows:

(c) A video recording of an oral statement that is made by a

child younger than 18 years of age or a person with a disability and

that meets the requirements of Subsections (a)(1) and (2) is not

inadmissible because of the hearsay rule if:

(1) the requirements of Subsections (b)(1) and (3) are

satisfied;

(2) the recording was made during the initial

investigation of the offense at a children's advocacy center

established under Section 264.402, Family Code;

(3) the recording depicts an interview with the child

or person with a disability that was conducted by a forensic

interviewer certified by the Children's Advocacy Centers of Texas

or a similar certifying body; and

(4) the trial court finds, in a hearing conducted

outside the presence of the jury, that the statement is reliable

based on the time, content, and circumstances of the statement and

that the recording provides sufficient indications of reliability.

SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2027.