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HB 1020 - Civil and criminal cases; minors; certain sexually explicit or obscene evidence; restrict access

Tracking Level: Passed
Sponsor: Golick,Rich 34th
Last Action: 5/14/2008 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
CivilNext Bill

Staff Analysis of the Legislation

HB 1020 restricts access to certain sexually explicit or obscene property and material which is evidence in civil and criminal cases involving minors. It prohibits making copies of evidence seized in a criminal proceeding for a crime involving the sexual exploitation of minors. With respect to evidence in the possession of the prosecution intended for use as evidence in cases involving the sexual exploitation of minors, such evidence shall, no later than 10 days prior to trial, be allowed to be inspected by the defendant. This evidence shall not be open to public inspection. If the judge approves inspection of the physical evidence, the judge shall designate in writing the location where it may be inspected. The location must be a facility owned or operated by an agency of state or local government. Any person in violation of these provisions shall be guilty of a felony, punishable by 1-20 years or a fine of not more than $100,000 or both.

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