Bill Text: IN SB0216 | 2011 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Access to child pornography in criminal discovery.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0216 Detail]
Download: Indiana-2011-SB0216-Amended.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear inthis style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type orthis style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
Bill Title: Access to child pornography in criminal discovery.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0216 Detail]
Download: Indiana-2011-SB0216-Amended.html
January 28, 2011
SENATE BILL No. 216
_____
DIGEST OF SB 216
(Updated January 26, 2011 12:56 pm - DI 106)
Citations Affected: IC 35-36.
Synopsis: Access to child pornography in criminal discovery.
Prohibits the reproduction or removal of child pornography as part of
discovery in a criminal prosecution if the state provides the defendant
with the opportunity to examine the material in a state or local facility,
unless the defendant demonstrates a need to reproduce or remove the
material. Requires a court to impose certain restrictions on the use of
removed or reproduced material.
Effective: July 1, 2011.
Bray
January 5, 2011, read first time and referred to Committee on Judiciary.
January 27, 2011, amended, reported favorably _ Do Pass.
January 28, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 216
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-36-10; (11)SB0216.1.1. -->
SECTION 1. IC 35-36-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 10. Child Pornography and Discovery
Sec. 1. This chapter applies only in a criminal proceeding.
Sec. 2. As used in this chapter, "child pornography" include:
(1) material described in IC 35-42-4-4(c); and
(2) material defined in 18 U.S.C. 2256(8).
Sec. 3. Except as provided in section 5 of this chapter, in any criminal proceeding, material constituting child pornography must remain in the custody of the state or the court.
Sec. 4. Except as provided in section 5 of this chapter, a court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography if the state provides ample opportunity for inspection, viewing, and examination of the material by:
(1) the defendant;
(2) the defendant's attorney; and
(3) any individual the defendant seeks to qualify as an expert;
at a state or local facility.
Sec. 5. (a) A court may permit a defendant to copy, photograph, duplicate, or otherwise reproduce material that constitutes child pornography if the defendant demonstrates:
(1) that copying, photographing, duplicating, or otherwise reproducing the material, for purposes of a forensic examination or for another proper purpose, is necessary to the defendant's defense; and
(2) the purpose described in subdivision (1) cannot be accomplished:
(A) effectively; or
(B) without imposing an undue burden on the defense;
at a state or local facility.
(b) If a court permits a defendant to copy, photograph, duplicate, or otherwise reproduce material that constitutes child pornography, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must:
(1) specifically describe which persons may have access to the material, and prohibit any person not described in the order from having access to the material;
(2) permit only those persons whose access to the material is necessary for the purposes described in subsection (a)(1) to have access to the material;
(3) provide for the destruction or return of any copy, photograph, duplicate, or other reproduction of the material when the item is no longer required for the defendant's defense;
(4) prohibit the further dissemination of the material; and
(5) prohibit the defendant from having direct access to the material.
The protective order may include any other provision to safeguard the material.
Chapter 10. Child Pornography and Discovery
Sec. 1. This chapter applies only in a criminal proceeding.
Sec. 2. As used in this chapter, "child pornography" include:
(1) material described in IC 35-42-4-4(c); and
(2) material defined in 18 U.S.C. 2256(8).
Sec. 3. Except as provided in section 5 of this chapter, in any criminal proceeding, material constituting child pornography must remain in the custody of the state or the court.
Sec. 4. Except as provided in section 5 of this chapter, a court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography if the state provides ample opportunity for inspection, viewing, and examination of the material by:
(1) the defendant;
(2) the defendant's attorney; and
(3) any individual the defendant seeks to qualify as an expert;
at a state or local facility.
Sec. 5. (a) A court may permit a defendant to copy, photograph, duplicate, or otherwise reproduce material that constitutes child pornography if the defendant demonstrates:
(1) that copying, photographing, duplicating, or otherwise reproducing the material, for purposes of a forensic examination or for another proper purpose, is necessary to the defendant's defense; and
(2) the purpose described in subdivision (1) cannot be accomplished:
(A) effectively; or
(B) without imposing an undue burden on the defense;
at a state or local facility.
(b) If a court permits a defendant to copy, photograph, duplicate, or otherwise reproduce material that constitutes child pornography, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must:
(1) specifically describe which persons may have access to the material, and prohibit any person not described in the order from having access to the material;
(2) permit only those persons whose access to the material is necessary for the purposes described in subsection (a)(1) to have access to the material;
(3) provide for the destruction or return of any copy, photograph, duplicate, or other reproduction of the material when the item is no longer required for the defendant's defense;
(4) prohibit the further dissemination of the material; and
(5) prohibit the defendant from having direct access to the material.
The protective order may include any other provision to safeguard the material.
