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 bill introduces a new provision, Subsection (b-1) to Article 39.025, which permits either party in a case to request that the state attorney take a deposition of an elderly or disabled individual via video recording. Additionally, it stipulates that the operator of the video recording device must be available to testify about the authenticity of the recording for it to be admissible in court.

Furthermore, the bill modifies Article 39.12 to clarify the conditions under which a deposition may be read or published in court. It specifies that depositions can only be used if certain conditions are met, such as the witness residing out of state or being unable to attend due to age or infirmity. The amendment also differentiates the process for oaths depending on whether the deposition is being used by the state or the defendant. 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.