20250AB__052898AMD INTRODUCED 2025-02-11 AMENDED_SENATE 2025-07-03 2025 AB AMD Introduced by Assembly Member Alanis LEAD_AUTHOR ASSEMBLY Alanis

An act to amend

Section 1054.10 of the Penal Code, relating to criminal procedure. criminal procedure Criminal procedure: child pornography. 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.

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1054.10 of the Penal Code is amended to read: 1054.10. (

a) In any criminal proceeding, any material that constitutes child pornography, and any hardware, media, or other property containing, storing, or housing that material, shall remain in the care, custody, and control of either a law enforcement agency, the prosecution, or the court. For purposes of this section, “child pornography” has the same meaning as defined in

Section of Title of the United States Code. (b)

(1) In any criminal proceeding, a court shall deny any request by the defendant, their attorney, anybody employed by the defendant, or anybody else to copy, photograph, duplicate, or otherwise reproduce 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 that material, reasonably available to the defendant.

(2) For purposes of paragraph (1), material or any hardware, media, or other property containing, storing, or housing that material, shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity for the inspection, viewing, and examination of that material at the prosecution’s office, a law enforcement agency facility, or court facility by the defendant, the defendant’s attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial. (

c) In any criminal proceeding, a victim and the victim’s attorney or any individual the victim may seek to qualify to furnish expert testimony shall have reasonable access to any material that constitutes child pornography depicting the victim, for inspection, viewing, and examination at the prosecution’s office, a law enforcement agency facility, or court facility, but under no circumstances may material that constitutes child pornography be copied, photographed, duplicated, or otherwise reproduced. This property or material may be redacted to protect the privacy of third parties.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to

Part 7 (commencing with

Section 17500) of Division of Title of the Government Code.