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Senate Bill 595 |
Senate Author: Hegar |
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Effective: 9-1-09 |
House Sponsor: Gallego |
Senate Bill 595 amends provisions of the Code of Criminal Procedure relating to the sealing of and discovery procedures relating to evidence that constitutes child pornography in a criminal hearing or proceeding. The bill prohibits a court from making available or allowing to be made available for copying or public dissemination property or material that constitutes child pornography during the course of a hearing or proceeding and requires the court to place such material or property under seal of the court on conclusion of the hearing or proceeding. The bill sets forth procedures for issuing an order lifting the seal and providing access to the property or material to the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial, and requires a court to deny any request by a defendant to reproduce such property or material, provided the state makes the property or material reasonably available to the defendant.