Texas statute
Tex. Code Crim. Proc. art. 38.435 — Prohibited use of evidence from forensic medical examination performed on victim of sexual assault or other sex offense; placement under seal
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 38: EVIDENCE IN CRIMINAL ACTIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 38.435
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) Evidence collected during a forensic medical examination conducted under Subchapter G , Chapter 56A , may not be used to investigate or prosecute a misdemeanor offense, or an offense under Subchapter D , Chapter 481 , Health and Safety Code, alleged to have been committed by the victim from whom the evidence was collected. (b) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public any property or material related to or derived from evidence described by Subsection (a), including a visual image or a recording made as part of the examination. (c) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding. (d) A court that places under seal property or material described by Subsection (a) may issue an order lifting the seal on a finding that the order is in the best interest of the public.
Official sources
This reference is informational and is not legal advice.