(b) The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant.
(c) In addition to the requirements of Subdivisions (1), (4), and (5) of Article 18.04 of this code, a warrant issued under this article shall identify, as near as may be, the child to be located and photographed, shall name or describe, as near as may be, the place or thing to be searched, and shall command any peace officer of the proper county to search for and cause the child to be photographed.
(d) After having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the magistrate. The child may not be removed from the premises on which he or she is located except under Subchapters A and B, Chapter 262, Family Code.
(e) A search warrant under this section shall be executed by a peace officer of the same sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim. The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs.
Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 1981. Subsec. (a) amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 8, eff. Sept. 1, 1983; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.01, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.11, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.10, eff. September 1, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 18.011. Sealing of Affidavit
Article 18.02. Grounds for Issuance
Article 18.021. Issuance of Search Warrant to Photograph Injured Child
Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device
Article 18.03. Search Warrant May Order Arrest
Article 18.04. Contents of Warrant
Article 18.05. Warrants for Fire, Health, and Code Inspections
Article 18.06. Execution of Warrants
Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen
Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense
Article 18.07. Days Allowed for Warrant to Run
Article 18.08. Power of Officer Executing Warrant
Article 18.09. Shall Seize Accused and Property
Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia
Article 18.10. How Return Made
Article 18.11. Custody of Property Found
Article 18.12. Magistrate Shall Investigate
Article 18.13. Shall Discharge Defendant
Article 18.14. Examining Trial
Article 18.15. Certify Record to Proper Court
Article 18.16. Preventing Consequences of Theft
Article 18.17. Disposition of Abandoned or Unclaimed Property
Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices
Article 18.182. Disposition of Item Bearing Counterfeit Mark
Article 18.183. Deposit of Money Pending Disposition
Article 18.19. Disposition of Seized Weapons
Article 18.191. Disposition of Firearm Seized From Certain Persons With Mental Illness
Article 18.22. Testing Certain Defendants or Confined Persons for Communicable Diseases
Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes