Tex. Code Crim. Proc. art. 38.451 · Chapter 38. EVIDENCE IN CRIMINAL ACTIONS
EVIDENCE DEPICTING INVASIVE VISUAL RECORDING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) During the course of a criminal hearing or proceeding concerning an offense under Section 21.15, Penal Code, the court may not make available or allow to be made available for copying or dissemination to the public property or material that constitutes or contains a visual image, as described by Section 21.15(b), Penal Code, and that was seized by law enforcement based on a reasonable suspicion that an offense under that subsection has been committed.
(b) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.
(c) The attorney representing the state shall be provided access to the property or material described by Subsection (a). In the manner provided by Article 39.151, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to the property or material provided by Subsection (a).
(d) A court that places property or material described by Subsection (a) under seal 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 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 3, eff. June 18, 2015.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836), Sec. 2, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836), Sec. 3, 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 08401615029d50782079debd1e048c0fd1447f21d8fe42f713caa34cd91027b1
- 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
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