Zwiener Bill Bans Cameras In Court For Child Victim Cases

The text as introduced · 613 words

90R1839 AMF-F

By: Zwiener
H.B. No. 769

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 21.015 to read as follows:

Sec. 21.015. 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(a)(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(a)(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 described by Subdivision (2)(A) or

(B); or

(B) 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)(4) 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 (4) 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 21.015,

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, 2027.