Bill Text: DE SB279 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Reproduction Of Child Pornography.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Introduced - Dead) 2016-06-15 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits, 1 Unfavorable [SB279 Detail]
Download: Delaware-2015-SB279-Draft.html
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SPONSOR: |
Sen. Sokola & Sen. Hall-Long & Sen. Lopez |
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Sens. Ennis, Henry, Lavelle, Marshall, Pettyjohn; Rep. Paradee |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 279 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE REPRODUCTION OF CHILD PORNOGRAPHY. |
Section 1.Amend Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike-through and insertions as shown by underline as follows:
§1111AProhibition on Reproduction of Child Pornography.
(a) In any criminal proceeding, any property or material that is alleged by the State to constitute child pornography, as defined in section 1111 of this Title, shall remain in the care, custody, and control of either the State or the Court.
(b) Notwithstanding Rule 16 of the Superior Court Rules of Criminal Procedure or any other rule, statute or decisional law to the contrary, a court shall not grant, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce, and shall not order the production of a copy, photograph, duplicate, or other reproduction of, any property or material that is alleged by the State to constitute child pornography, as defined in section 1111 of this Title, so long as the state makes the property or material reasonably available to the defendant or his or her attorney.
(c) For purposes of subsection (b), property or material shall be deemed to be reasonably available to the defendant or his or her attorney if the state provides an ample opportunity for inspection, viewing, and examination at a state or other governmental facility of the property or material by a defendant, his or her attorney, and any individual the defendant may seek to qualify to offer expert testimony at trial.
SYNOPSIS
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Pursuant to Superior Court Criminal Rule 16, a defendant may request the opportunity to inspect and copy property and material in the possession, custody or control of the state and which is material to the preparation of the defendant's defense, is intended for use by the state as evidence in chief at trial, or was obtained from or belongs to the defendant.However, when the property or material is child pornography, safeguards must be implemented to ensure that the child pornography is not further distributed and the victim(s) not further exposed to harm.This bill will provide a defendant the opportunity to inspect evidence alleged to constitute child pornography without requiring the State to be complicit in the reproduction of illegal materials. |
Author:Senator Sokola
