Criminal procedure: child pornography.
The proposed changes in AB 528 aim to maintain the evidence of child pornography solely within the control of law enforcement agencies, the prosecution, or the court. This change intends to minimize the risk of further distribution of sensitive material and protect the privacy of victims. It ensures that all examinations of evidence are conducted under supervision, thereby enhancing procedural integrity and victim security.
Assembly Bill 528, introduced by Assembly Member Alanis, seeks to amend Section 1054.10 of the Penal Code to enhance the handling of evidence related to child pornography in criminal proceedings. The existing law requires prosecutors to disclose all relevant evidence to the defendant or their attorney but currently allows for some copies of child pornography to be shared under specific conditions. AB 528 repeals these provisions, imposing stricter controls over the dissemination of such materials in the context of legal proceedings.
However, the bill is expected to generate debate regarding the balance between the rights of the accused and the protection of victims. Critics may argue that the complete prohibition on copying and distributing evidence could hinder the defense's ability to prepare their case. Proponents, on the other hand, would argue that the need to protect children and victims from potential harm outweighs these concerns. The bill is also significant from a fiscal standpoint, as it creates new mandated duties for local agencies and establishes potential reimbursement protocols for any associated costs incurred by local governments.
AB 528 includes provisions ensuring that victims and their attorneys retain the right to access the materials for purposes of inspection and examination, but prohibits reproduction of any materials that constitute child pornography. This aspect of the bill reflects a legislative effort to uphold the rights and dignity of child victims amidst legal proceedings.