Texas § 38.435 PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.

Texas Statutes

§ 38.435 — PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.

Texas § 38.435

Code CRCode of Criminal Procedure

This text of Texas § 38.435 (PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 38.435 (2026).

Text

Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL.

(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

Free access — add to your briefcase to read the full text and ask questions with AI

Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL. (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.

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706 ), Sec. 1, eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401 ), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836 ), Sec. 1, eff. September 1, 2025.