Texas Code of Criminal Procedure
§ 39.025 — DEPOSITIONS OF ELDERLY OR DISABLED PERSONS
CR § 39.025Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 39. DEPOSITIONS AND DISCOVERY
Statute text
View on source(a)In this article:
(1)"Disabled person" means a person with a disability as defined by Section 3, Americans with Disabilities Act (42 U.S.C. 12102).
(2)"Elderly person" means a person 65 years of age or older.
(b)The court shall order the attorney representing the state to take the deposition of an elderly or disabled person who is the alleged victim of or witness to an offense not later than the 60th day after the date on which the state files an application to take the deposition under Article 39.02. (b-1) On the motion of either party, the court may order the attorney representing the state to take the deposition of an elderly or disabled person by video recording. The person operating the video recording device must be available to testify regarding the authenticity of the video recording and the taking of the deposition in order for the video recording to be admissible.
(c)The attorney representing the state and the defendant or the defendant's attorney may, by written agreement filed with the court, extend the deadline for the taking of the deposition.
(d)The court shall grant any request by the attorney representing the state to extend the deadline for the taking of the deposition if a reason for the request is the unavailability, health, or well-being of the victim or witness.
…
Legislative history
Acts 2025, 89th Leg., R.S., Ch. 589 (H.B. 2348), Sec. 1, eff. September 1, 2025.