HB 223 — The recorded testimony of a child

90R2281 DNC-D By: Curry H.B. No. 223 relating to the recorded testimony of a child and admissibility of certain hearsay statements of a child describing alleged abuse or family violence.

SECTION 1. Section 84.006, Family Code, is amended to read as follows: Sec. 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE. In a hearing on an application for a protective order, a statement made by a child 14 [ 12 ] years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.

SECTION 2. Section 104.002, Family Code, is amended to read as follows: Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 14 [ 12 ] years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if: (1) no attorney for a party was present when the statement was made; (2) the recording is both visual and aural and is recorded on film or videotape or by other electronic means; (3) the recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (4) the statement was not made in response to questioning calculated to lead the child to make a particular statement; (5) each voice on the recording is identified; (6) the person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and (7) each party is afforded an opportunity to view the recording before it is offered into evidence.

SECTION 3. Section 104.004(a), Family Code, is amended to read as follows: (a) If in a suit a child 14 [ 12 ] years of age or younger is alleged to have been abused, the court may, on the motion of a party to the proceeding, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court and the parties.

SECTION 4. Section 104.006, Family Code, is amended to read as follows: Sec. 104.006. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. In a suit affecting the parent-child relationship, a statement made by a child 14 [ 12 ] years of age or younger that describes alleged abuse against the child, without regard to whether the statement is otherwise inadmissible as hearsay, is admissible as evidence if, in a hearing conducted outside the presence of the jury, the court finds that the time, content, and circumstances of the statement provide sufficient indications of the statement's reliability and: (1) the child testifies or is available to testify at the proceeding in court or in any other manner provided for by law; or (2) the court determines that the use of the statement in lieu of the child's testimony is necessary to protect the welfare of the child.

SECTION 5. (a) The change in law made by this Act applies to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or that is filed on or after the effective date of this Act. (b) The change in law made by this Act applies only to a hearing on an application for a protective order that is commenced on or after the effective date of this Act. A hearing on an application for a protective order that is commenced before the effective date of this Act is governed by the law in effect on the date the hearing was commenced, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2027.