Tex. Code Crim. Proc. art. 39.15 · Chapter 39. DEPOSITIONS AND DISCOVERY
DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In the manner provided by this article, a court shall allow discovery under Article 39.14 of property or material:
(1) that constitutes child pornography, as described by Section 43.26(a-1)(1) or (a-2)(2), Penal Code;
(2) the promotion or possession of which is prohibited under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article 38.071, of this code.
(b) Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45.
(c) A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.
(d) For purposes of Subsection (c), property or material is considered to be reasonably available to the defendant if, at a facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 9, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 10, eff. September 1, 2011.
Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621), 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.39.htm
- Text hash
- sha256 071c143ba1c8a53186555549aa9401c4baa7fbb835f457158cb693e5a8cfd83a
- 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
- Tex. Code Crim. Proc. art. 38.071TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE.Printed as Article 38.071
- Tex. Code Crim. Proc. art. 38.45EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.Printed as Article 38.45
- Tex. Code Crim. Proc. art. 39.14DISCOVERY.Printed as Article 39.14
- Tex. Code Crim. Proc. art. 43.26PREVENTING RESCUE.Printed as Section 43.26
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 39.15. Each shows the citation as that text prints it.
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.