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  H.B. No. 2465
 
 
 
 
AN ACT
  relating to taking a deposition of an elderly or disabled victim of
  or witness to an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 39, Code of Criminal Procedure, is
  amended by adding Article 39.025 to read as follows:
         Art. 39.025.  DEPOSITIONS OF ELDERLY OR DISABLED PERSONS.  
  (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.
         (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.
         (e)  The Texas Rules of Civil Procedure govern the taking of
  the deposition, except to the extent of any conflict with this code
  or applicable court rules adopted for criminal proceedings, in
  which event this code and the rules for criminal proceedings
  govern. The attorney representing the state and the defendant or
  defendant's attorney may agree to modify the rules applicable to
  the deposition by written agreement filed with the court before the
  taking of the deposition.
         (f)  If a defendant is unavailable to attend a deposition
  because the defendant is confined in a correctional facility, the
  court shall issue any orders or warrants necessary to secure the
  defendant's presence at the deposition. The sheriff of the county
  in which a deposition under this subsection is to be taken shall
  provide a secure location for the taking of the deposition and
  sufficient law enforcement personnel to ensure the deposition is
  taken safely. The state's application to take a deposition or
  notice of deposition is not required to include the identity of any
  law enforcement agents the sheriff assigns to the deposition and
  may not serve as a basis for the defendant to object to the taking of
  the deposition.
         (g)  If a defendant is unavailable to attend a deposition for
  any reason other than confinement in a correctional facility, the
  defendant or defendant's attorney shall request a continuance from
  the court. The court may grant the continuance if the defendant or
  defendant's attorney demonstrates good cause for the continuance
  and that the request is not brought for the purpose of delay or
  avoidance. A defendant's failure to attend a deposition or request
  a continuance in accordance with this subsection constitutes a
  waiver of the defendant's right to be present at the deposition.
         SECTION 2.  The change in law made by this Act applies only
  to an application to take a deposition that is filed on or after the
  effective date of this Act. An application to take a deposition
  that is filed before the effective date of this Act is covered by
  the law in effect when the application was filed, and the former law
  is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2465 was passed by the House on April
  28, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2465 was passed by the Senate on May
  26, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor