Bill Text: IN SB0216 | 2011 | Regular Session | Introduced
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-Introduced.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-Introduced.html
Introduced Version
SENATE BILL No. 216
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-36-10.
Synopsis: Access to child pornography in criminal discovery.
Prohibits, to the extent required by federal law, the reproduction of
child pornography in a criminal prosecution if the state provides the
defendant with the opportunity to examine the material.
Effective: July 1, 2011.
Bray
January 5, 2011, read first time and referred to Committee on Judiciary.
Introduced
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)IN0216.1.1. -->
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:
(1) in a criminal proceeding; and
(2) to the extent required by federal law.
Sec. 2. As used in this chapter, "child pornography" has the meaning set forth in 18 U.S.C. Sec. 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 facility.
Chapter 10. Child Pornography and Discovery
Sec. 1. This chapter applies only:
(1) in a criminal proceeding; and
(2) to the extent required by federal law.
Sec. 2. As used in this chapter, "child pornography" has the meaning set forth in 18 U.S.C. Sec. 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 facility.
