Prosecuting authorities required to seek protective order for certain evidence clearly offensive to common sensibilities.
Impact
The bill's enactment would alter the handling of certain sensitive evidence within the criminal justice process. By requiring prosecutors to take pro-active steps to obtain protective orders, HF4672 aims to create a more nuanced framework for managing the disclosure of potentially distressing evidence. This could enhance victims' protections and promote a more trauma-informed approach to criminal proceedings, balancing the rights of the accused with the need to safeguard the emotional health of victims and affected third parties.
Summary
House File 4672, also known as the Jay Boughton Evidence Access Act, mandates that prosecuting authorities must seek a protective order to prevent the public disclosure of evidence in criminal proceedings that is considered clearly offensive to common sensibilities. This includes evidence that could cause significant disruption to the privacy or emotional well-being of victims or third parties involved. The bill emphasizes the need for courts to prioritize the privacy and emotional wellbeing of vulnerable individuals, particularly minors, when determining the necessity of protective measures related to evidence disclosure.
Contention
While the bill is intended to address privacy concerns, potential points of contention may arise regarding its implementation. Critics might argue that the requirement for protective orders could result in unnecessary delays in proceedings or complications in accessing evidence by defense attorneys. Furthermore, some stakeholders may express concerns about the subjective nature of what constitutes 'clearly offensive' evidence, potentially leading to inconsistencies in application and the risk of overreach in withholding information necessary for fair trials.
Custodian of a petitioner's minor children notice of any order of protection, hearing on an order for protection, and cancellation or modification of an order of protection requirement
Custodian of a petitioner's minor children required to receive notice of any order for protection, hearing on an order for protection, and cancellation or modification of an order for protection.
Victim notification to order for protection and harassment restraining order violations not prosecuted extended, and victim notification requirements clarified and updated for law enforcement agencies and prosecutors.
Personal service of orders for protection, restraining orders, and related notices provided; law enforcement officers required to make reasonable efforts to locate respondents; certain orders for protection and harassment restraining orders allowed to be served by mail; mail orders dismissing harassment restraining orders mail service allowed; probation agents and others required to assist law enforcement officers in locating respondents; notice of served orders for protection or harassment restraining orders required to be provided to probation officers; Task Force on Domestic Violence and Firearms established; and report required.