H.B. No. 2348 amends the Code of Criminal Procedure to allow for the video recording of depositions taken from elderly or disabled persons in criminal cases. The new provision, added as Subsection (b-1) to Article 39.025, permits either party to request that the court order the state attorney to take such depositions via video. Additionally, it stipulates that the individual operating the video recording device must be available to testify about the authenticity of the recording for it to be admissible in court.

The bill also modifies Article 39.12, which outlines the conditions under which a deposition may be read or published. It specifies that depositions taken under Articles 39.02, 39.025, or 39.026 cannot be used unless certain conditions are met, including the witness's inability to attend court due to age or infirmity. Furthermore, it clarifies that when the deposition is used by the state, the oath can be made by any credible person, while the defendant must make the oath in person if they are using the deposition. The changes will apply only to criminal proceedings that commence on or after the effective date of the Act, which is set for September 1, 2025.