JD Key Consulting Logo
HB2348

Regular Session

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

Moderate
Low Cost
Effective:2025-06-20
HB2348
Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.
Moderate Urgency
Passed with Opposition
House Vote125 - 13
YEA
91% in favor138 voting
Senate Vote29 - 2
YEA
94% in favor31 voting
15
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
District Attorneys OfficesTexas Criminal Courts
Primary Author: Rep. Giovanni Capriglione
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Note: While standard legislation is effective September 1, this bill secured the supermajority vote required for immediate effect).
  • Compliance Deadline: June 20, 2025. You must apply these protocols to any criminal deposition commencing on or after this date.
  • Agency Rulemaking: None. The Texas Court of Criminal Appeals will likely define "availability" through case law. There is no regulatory grace period.

Immediate Action Plan

  • 1. Immediate Audit: Identify all criminal depositions scheduled on or after June 20, 2025, involving elderly witnesses.
  • 2. Staff Re-assignment: Swap out contract videographers for permanent staff on identified dockets immediately.
  • 3. Contract Update: Issue an addendum to all contract videographers acknowledging the requirement to appear for future testimony.
  • 4. Data Segregation: Tag these video files in your digital asset management system as "HB2348 Restricted" to prevent deletion or unauthorized file conversion that could break the chain of custody.

Operational Changes Required

Contracts

  • Vendor Agreements (MSAs): Legal support firms must revise subcontractor agreements to mandate trial availability. Include penalty clauses for subcontractors who fail to appear for authenticity hearings.
  • Employment Agreements: Update contracts for staff videographers to include a Post-Employment Cooperation Clause. This must legally compel former employees to return for testimony regarding work performed during their tenure, with pre-negotiated per diem rates.
  • Client Engagement Letters: Explicitly state that time spent by videographers testifying in court (including travel and wait time) is a billable expense to the retaining law firm.

Hiring/Training

  • Staffing Restrictions: Do not assign temporary staff or high-turnover contract workers to criminal depositions involving elderly or disabled witnesses. Assign long-term, W-2 employees to ensure future availability.
  • Chain of Custody Training: Operators must be trained to document the exact handling of the digital file from recording to server upload. The operator's testimony will rely on this documentation.

Reporting & Record-Keeping

  • Operator Logs: Maintain a centralized "Deposition Operator Log" distinct from standard billing records. This log must track the specific operator for every relevant deposition and require quarterly contact info updates for at least three years post-deposition.
  • Affidavits: While the law requires live availability, require operators to sign a "Verification of Authenticity" affidavit immediately upon concluding the deposition to serve as contemporaneous evidence if the operator becomes incapacitated.

Fees & Costs

  • Insurance Premiums: Review Errors & Omissions (E&O) policies. Confirm that "spoliation of evidence" coverage applies if a videographer is unavailable and the deposition is ruled inadmissible.
  • Testimony Costs: Budget for potential travel and lodging costs to bring former employees back to the venue for trial.

Strategic Ambiguities & Considerations

  • "Available to Testify": The statute does not explicitly state whether remote testimony (e.g., via Zoom) satisfies the requirement for the operator's availability. Until appellate courts rule on this, assume physical presence is required and budget accordingly.
  • Scope of "Disabled": The definition of "disabled" in this context is broad. Prosecutors may apply this statute to any deposition involving a nursing home resident or home-health patient. When in doubt, apply HB2348 protocols to *all* healthcare-related criminal depositions to prevent evidence suppression.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 3, 2025
Passed House
May 14, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
TopicsAgingCriminal ProcedureCriminal Procedure--generalDisabilities, Persons WithVideotape & Film
03

House Authors

Rep. Giovanni CapriglioneRepublican · Primary Author

Senate Sponsor

Sen. Brent HagenbuchRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Rep. Giovanni Capriglione

View all bills by Rep. Giovanni Capriglione

Related by Topic

View more Aging legislation
Quick Reference

Frequently Asked Questions

Common questions about HB2348

Q

What does Texas HB2348 do?

HB2348 creates a strict chain-of-custody requirement for video depositions of elderly or disabled persons in criminal proceedings, mandating that the recording equipment operator be available to testify regarding authenticity. This legislation effectively eliminates the use of transient or "gig" videographers for these specific cases, as the unavailability of the operator at the time of trial renders the evidence inadmissible and creates significant liability for legal support firms. Implementation Timeline Effective Date: June 20, 2025 (Note: While standard legislation is effective September 1, this bill secured the supermajority vote required for immediate effect).

Q

Who authored HB2348?

HB2348 was authored by Texas Representative Giovanni Capriglione during the Regular Session.

Q

When was HB2348 signed into law?

HB2348 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB2348?

HB2348 is enforced by District Attorneys Offices and Texas Criminal Courts.

Q

How urgent is compliance with HB2348?

The compliance urgency for HB2348 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB2348?

The cost impact of HB2348 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB2348 address?

HB2348 addresses topics including aging, criminal procedure, criminal procedure--general, disabilities, persons with and videotape & film.

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.