(a) Except as provided by Subsection (c), on a motion filed by a person described by Subsection (b), the court shall seal the medical records of a child who is a victim of an offense described by Section 1, Article 38.071.
(b) A motion under this article may be filed on the court’s own motion or by:
(1) the attorney representing the state;
(2) the defendant; or
(3) the parent or guardian of the victim or, if the victim is no longer a child, the victim.

Terms Used In Texas Code of Criminal Procedure 58.302

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) The court is not required to seal the records described by this article on a finding of good cause after a hearing held under Subsection (d).
(d) The court shall grant the motion without a hearing unless the motion is contested not later than the seventh day after the date the motion is filed.

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