| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 528Introduced by Assembly Member AlanisFebruary 11, 2025 An act to amend Section 1054.10 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 528, as introduced, Alanis. Criminal procedure: child pornography.Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies.Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendants family, persons employed by an attorney or appointed by the court, or anyone else. The bill would instead require any property of material that constitutes child pornography, as defined, to remain in the care, custody, or control of either a law enforcement agency, the prosecution, or the court. The bill would prohibit a defendant, their attorney, or anybody else from copying, photographing, duplicating, or reproducing any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing the material, reasonably available for inspection and exemination, as specified. The bill would also require this material to be made available, as specified, to a victim or the victims attorney or to any individual the victim may seek to qualify to furnish expert testimony.By requiring new duties on prosecutors, law enforcement agencies, and the courts, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1054.10 of the Penal Code is amended to read:(a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 528Introduced by Assembly Member AlanisFebruary 11, 2025 An act to amend Section 1054.10 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 528, as introduced, Alanis. Criminal procedure: child pornography.Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies.Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendants family, persons employed by an attorney or appointed by the court, or anyone else. The bill would instead require any property of material that constitutes child pornography, as defined, to remain in the care, custody, or control of either a law enforcement agency, the prosecution, or the court. The bill would prohibit a defendant, their attorney, or anybody else from copying, photographing, duplicating, or reproducing any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing the material, reasonably available for inspection and exemination, as specified. The bill would also require this material to be made available, as specified, to a victim or the victims attorney or to any individual the victim may seek to qualify to furnish expert testimony.By requiring new duties on prosecutors, law enforcement agencies, and the courts, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 528 |
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| 15 | 15 | | Introduced by Assembly Member AlanisFebruary 11, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Alanis |
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| 18 | 18 | | February 11, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 1054.10 of the Penal Code, relating to criminal procedure. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 528, as introduced, Alanis. Criminal procedure: child pornography. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies.Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendants family, persons employed by an attorney or appointed by the court, or anyone else. The bill would instead require any property of material that constitutes child pornography, as defined, to remain in the care, custody, or control of either a law enforcement agency, the prosecution, or the court. The bill would prohibit a defendant, their attorney, or anybody else from copying, photographing, duplicating, or reproducing any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing the material, reasonably available for inspection and exemination, as specified. The bill would also require this material to be made available, as specified, to a victim or the victims attorney or to any individual the victim may seek to qualify to furnish expert testimony.By requiring new duties on prosecutors, law enforcement agencies, and the courts, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 30 | 30 | | Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. |
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| 32 | 32 | | Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. |
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| 34 | 34 | | This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendants family, persons employed by an attorney or appointed by the court, or anyone else. The bill would instead require any property of material that constitutes child pornography, as defined, to remain in the care, custody, or control of either a law enforcement agency, the prosecution, or the court. The bill would prohibit a defendant, their attorney, or anybody else from copying, photographing, duplicating, or reproducing any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing the material, reasonably available for inspection and exemination, as specified. The bill would also require this material to be made available, as specified, to a victim or the victims attorney or to any individual the victim may seek to qualify to furnish expert testimony. |
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| 35 | 35 | | |
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| 36 | 36 | | By requiring new duties on prosecutors, law enforcement agencies, and the courts, this bill would create a state-mandated local program. |
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| 37 | 37 | | |
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| 38 | 38 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 39 | 39 | | |
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| 40 | 40 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 41 | 41 | | |
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| 42 | 42 | | ## Digest Key |
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| 44 | 44 | | ## Bill Text |
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| 46 | 46 | | The people of the State of California do enact as follows:SECTION 1. Section 1054.10 of the Penal Code is amended to read:(a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 48 | 48 | | The people of the State of California do enact as follows: |
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| 50 | 50 | | ## The people of the State of California do enact as follows: |
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| 52 | 52 | | SECTION 1. Section 1054.10 of the Penal Code is amended to read:(a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 54 | 54 | | SECTION 1. Section 1054.10 of the Penal Code is amended to read: |
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| 56 | 56 | | ### SECTION 1. |
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| 58 | 58 | | (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 60 | 60 | | (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 62 | 62 | | (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 64 | 64 | | (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code.(b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant.(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.(c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 66 | 66 | | (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendants family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. |
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| 70 | 70 | | (b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendants case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited. |
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| 74 | 74 | | 1054.10. (a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, child pornography has the same meaning as defined in Section 2256 of Title 18 of the United States Code. |
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| 76 | 76 | | (b) (1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing that material, reasonably available to the defendant. |
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| 77 | 77 | | |
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| 78 | 78 | | (2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecutions office, a law enforcement agency facility, or court facility by the defendant, the defendants attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial. |
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| 79 | 79 | | |
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| 80 | 80 | | (c) In any criminal proceeding, a victim, as defined in Section 2259 of Title 18 of the United States Code, and the victims attorney or any individual the victim may seek to qualify to furnish expert testimony, shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecutions office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties. |
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| 81 | 81 | | |
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| 82 | 82 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 84 | 84 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 86 | 86 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 87 | 87 | | |
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| 88 | 88 | | ### SEC. 2. |
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