First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 216
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)SE0216.1.1. -->
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. In any criminal proceeding, material constituting child
pornography must remain in the custody of the state or the court.
Sec. 4. 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 court or law enforcement facility as provided in
section 5 of this chapter.
Sec. 5. (a) A court may permit a defendant to inspect, view, and
examine material that constitutes child pornography at a state or
local court or law enforcement facility if the defendant
demonstrates that inspecting, viewing, and examining the material
is necessary to the defendant's defense.
(b) If a court permits a defendant to inspect, view, and examine
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) to have
access to the material;
(3) prohibit the further dissemination of the material; and
(4) prohibit the defendant from having direct access to the
material.
The protective order may include any other provision to safeguard
the material.