HB 254 — The admissibility of video recordings of oral statements

90R3705 MZM-F By: Leach H.B. No. 254 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.

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.