Tex. Code Crim. Proc. art. 38.435 · Chapter 38. EVIDENCE IN CRIMINAL ACTIONS
PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 1, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836), Sec. 1, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm
- Text hash
- sha256 19fe040b92a5a658e6cdd1092655f9e035ab03a8ab3b5380f9894aa8750b6b7a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.