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2006 SESSION

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HB 863 Computer and electronic data; access to defendant thereof seized in obscenity, etc., cases.

Introduced by: Kathy J. Byron | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Computer and electronic data seized in obscenity, etc., cases; access to defendant. Provides that when computer data or electronic data, the possession of which is otherwise unlawful, are seized as evidence in a criminal prosecution of an obscenity or child pornography offense, neither the original data nor a copy shall be released to the defendant or his counsel. The court is not allowed to order the release of such evidence to the defendant or his counsel except in accordance with the rules of discovery or under restricted conditions upon a finding that the data is necessary and material to the defense of the accused.

SUMMARY AS PASSED HOUSE:

Computer and electronic data seized in obscenity, etc., cases; access to defendant. Provides that when computer data or electronic data, the possession of which is otherwise unlawful, stored in any form, are seized as evidence in a criminal prosecution of any offense involving obscenity or child pornography, neither the original data nor a copy thereof shall be released to the defendant or his counsel, nor shall a court order the release of such evidence to the defendant or his counsel. The bill provides, however, that the defendant or his counsel shall be allowed the reasonable opportunity to review such evidence in accordance with the rules of discovery.

SUMMARY AS INTRODUCED:

Computer and electronic data seized in obscenity, etc., cases; access to defendant. Provides that when computer data or electronic data, stored in any form, are seized as evidence in a criminal prosecution of any offense involving obscenity or child pornography, neither the original data nor a copy thereof shall be released to the defendant or his counsel, nor shall a court order the release of such evidence to the defendant or his counsel. The bill provides, however, that the defendant or his counsel shall be allowed the reasonable opportunity to review such evidence in accordance with the rules of discovery.