(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) 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.
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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 39 - Depositions and Discovery
Article 39.01. In Examining Trial
Article 39.02. Witness Depositions
Article 39.025. Depositions of Elderly or Disabled Persons
Article 39.026. Depositions of Medicaid or Medicare Recipients or Caregivers
Article 39.03. Officers Who May Take the Deposition
Article 39.04. Applicability of Civil Rules
Article 39.06. Written Interrogatories
Article 39.08. Authenticating the Deposition
Article 39.09. Non-Resident Witnesses
Article 39.12. Predicate to Read
Article 39.151. Discovery of Evidence Depicting Invasive Visual Recording of Child