Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.

New rules for recorded criminal testimony

These rules apply to Texas criminal proceedings that begin on or after September 1, 2025. Earlier proceedings follow the old law. Either side can ask a court to order prosecutors to video-record an elderly or disabled person's deposition, or sworn testimony. To use the video as evidence, the recording operator must be available to testify about its authenticity and how testimony was taken. Written or recorded depositions covered by the law can be read or shown only after an oath confirms an allowed reason. Reasons include the witness living outside Texas, moving out of Texas, or dying since the deposition. Another reason is that age or physical illness prevents the witness from attending court. The rule also covers attendance blocked by the defendant, or by someone seeking to deny either side the testimony. Another allowed reason involves a Medicare or Medicaid recipient, or that recipient's caregiver or guardian, serving as the witness. The recipient's account must have been charged for a product or service never provided. Any credible person can make the oath for the state, but defendants must make their own oath in person.