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Tex. Code Crim. Proc. art. 38.451

EVIDENCE DEPICTING INVASIVE VISUAL RECORDING

Added by Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 3, eff

(a) During the course of a criminal hearing or proceeding concerning an offense under Section 21.15, Penal Code, the court may not make available or allow to be made available for copying or dissemination to the public property or material that constitutes or contains a visual image, as described by Section 21.15(b), Penal Code, and that was seized by law enforcement based on a reasonable suspicion that an offense under that subsection has been committed.

(b) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.

(c) The attorney representing the state shall be provided access to the property or material described by Subsection (a). In the manner provided by Article 39.151, 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 the property or material provided 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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.