California AB 528

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 defendant's 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 defendant's case if that disclosure is required for that preparation. This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendant's family, person's employed by an attorney or appointed by the court, or anyone else. The bill would instead require any 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 to the defendant, as specified. The bill would also require this material to be made available, as specified, to a victim or the victim's 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.