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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on disseminating evidence that |
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constitutes child pornography in a criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Code of Criminal Procedure, is |
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amended by adding Article 39.15 to read as follows: |
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Art. 39.15. EVIDENCE THAT CONSTITUTES CHILD PORNOGRAPHY. |
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(a) In this article, "child pornography" has the meaning assigned |
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by 18 U.S.C. Section 2256. |
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(b) Any property or material that constitutes child |
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pornography must remain in the care, custody, and control of either |
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the court or the attorney representing the state. |
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(c) Notwithstanding Article 39.14 or any other provision of |
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this code, a court shall deny a request by a defendant to copy, |
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photograph, duplicate, or otherwise reproduce any property or |
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material that constitutes child pornography, provided that the |
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attorney representing the state makes the property or material |
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reasonably available to the defendant. |
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(d) For purposes of Subsection (c), property or material is |
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considered to be reasonably available to the defendant if, at the |
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court or the office of the attorney representing the state, the |
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attorney representing the state provides sufficient opportunity |
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for the inspection, viewing, and examination of the property or |
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material by the defendant, the defendant's attorney, or any person |
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the defendant may seek to qualify to provide expert testimony at the |
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trial. |
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SECTION 2. The change in law made by this Act applies to a |
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motion for discovery filed on or after the effective date of this |
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Act. A motion for discovery filed before the effective date of this |
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Act is covered by the law in effect on the date the motion is filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |