Tex. Code of Criminal Procedure § 38.435
This is the official text of Tex. Code of Criminal Procedure § 38.435, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.
Official statutory text
(a) Evidence collected during a forensic medical examination conducted under Subchapter G, Chapter 56A, may not be used to investigate or prosecute a misdemeanor offense, or an offense under Subchapter D, Chapter 481, Health and Safety Code, alleged to have been committed by the victim from whom the evidence was collected.
(b) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public any property or material related to or derived from evidence described by Subsection (a), including a visual image or a recording made as part of the examination.
(c) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.
(d) A court that places under seal property or material described by Subsection (a) may issue an order lifting the seal on a finding that the order is in the best interest of the public.
(b) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public any property or material related to or derived from evidence described by Subsection (a), including a visual image or a recording made as part of the examination.
(c) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.
(d) A court that places under seal property or material described by Subsection (a) may issue an order lifting the seal on a finding that the order is in the best interest of the public.
Status: in_force · Read it on the official government site
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