Texas Code of Criminal Procedure - Article 18.021. Issuance Of Search Warrant To Photograph Injured Child

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Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH 
INJURED CHILD.  (a) A search warrant may be issued to search for and 
photograph a child who is alleged to be the victim of the offenses 
of injury to a child as defined by Section 22.04, Penal Code, as 
amended;  sexual assault of a child as defined by Section 22.011(a), 
Penal Code, as amended;  or aggravated sexual assault of a child as 
defined by Section 22.021, Penal Code.
	(b)  The officer executing the warrant may be accompanied by 
a photographer who is employed by a law enforcement agency and who 
acts under the direction of the officer executing the warrant.  The 
photographer is entitled to access to the child in the same manner 
as the officer executing the warrant.
	(c)  In addition to the requirements of Subdivisions (1) and 
(4) of Article 18.04 of this code, a warrant issued under this 
article shall identify, as near as may be, the child to be located 
and photographed, shall name or describe, as near as may be, the 
place or thing to be searched, and shall command any peace officer 
of the proper county to search for and cause the child to be 
photographed.
	(d)  After having located and photographed the child, the 
peace officer executing the warrant shall take possession of the 
exposed film and deliver it forthwith to the magistrate.  The child 
may not be removed from the premises on which he or she is located 
except under Subchapters A and B, Chapter 262, Family Code.
	(e)  A search warrant under this section shall be executed by 
a peace officer of the same sex as the alleged victim or, if the 
officer is not of the same sex as the alleged victim, the peace 
officer must be assisted by a person of the same sex as the alleged 
victim.  The person assisting an officer under this subsection must 
be acting under the direction of the officer and must be with the 
alleged victim during the taking of the photographs.

Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 
1981.  Amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 8, 
eff. Sept. 1, 1983;  Acts 1997, 75th Leg., ch. 165, Sec. 7.01, eff. 
Sept. 1, 1997.

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Last modified: August 10, 2007