(1) that constitutes child pornography, as described by Section 43.26(a)(1), 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) The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c) The attorney representing the state shall be provided access to property or material described by Subsection (a). In the manner provided by Article 39.15, 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 property or material described 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 8, eff. September 1, 2011.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 38 - Evidence in Criminal Actions
Article 38.01. Texas Forensic Science Commission
Article 38.02. Effect Under Public Information Law of Release of Certain Information
Article 38.03. Presumption of Innocence
Article 38.04. Jury Are Judges of Facts
Article 38.05. Judge Shall Not Discuss Evidence
Article 38.07. Testimony in Corroboration of Victim of Sexual Offense
Article 38.071. Testimony of Child Who Is Victim of Offense
Article 38.072. Hearsay Statement of Certain Abuse Victims
Article 38.073. Testimony of Inmate Witnesses
Article 38.074. Testimony of Child in Prosecution of Offense
Article 38.075. Corroboration of Certain Testimony Required
Article 38.076. Testimony of Forensic Analyst by Video Teleconference
Article 38.08. Defendant May Testify
Article 38.10. Exceptions to the Spousal Adverse Testimony Privilege
Article 38.101. Communications by Drug Abusers
Article 38.11. Journalist's Qualified Testimonial Privilege in Criminal Proceedings
Article 38.111. News Media Recordings
Article 38.12. Religious Opinion
Article 38.14. Testimony of Accomplice
Article 38.141. Testimony of Undercover Peace Officer or Special Investigator
Article 38.15. Two Witnesses in Treason
Article 38.16. Evidence in Treason
Article 38.17. Two Witnesses Required
Article 38.18. Perjury and Aggravated Perjury
Article 38.19. Intent to Defraud: Certain Offenses
Article 38.20. Photograph and Live Lineup Identification Procedures
Article 38.22. When Statements May Be Used
Article 38.23. Evidence Not to Be Used
Article 38.25. Written Part of Instrument Controls
Article 38.27. Evidence of Handwriting
Article 38.31. Interpreters for Deaf Persons
Article 38.32. Presumption of Death
Article 38.33. Preservation and Use of Evidence of Certain Misdemeanor Convictions
Article 38.34. Photographic Evidence in Theft Cases
Article 38.35. Forensic Analysis of Evidence; Admissibility
Article 38.36. Evidence in Prosecutions for Murder
Article 38.37. Evidence of Extraneous Offenses or Acts
Article 38.38. Evidence Relating to Retaining Attorney
Article 38.39. Evidence in an Aggregation Prosecution With Numerous Victims
Article 38.40. Evidence of Pregnancy
Article 38.41. Certificate of Analysis
Article 38.42. Chain of Custody Affidavit
Article 38.43. Evidence Containing Biological Material
Article 38.44. Admissibility of Electronically Preserved Document
Article 38.45. Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor
Article 38.451. Evidence Depicting Invasive Visual Recording of Child
Article 38.46. Evidence in Prosecutions for Stalking
Article 38.49. Forfeiture by Wrongdoing
Article 38.50. Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses