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

Tracking Level: Monitor
Sponsor: Golick,Rich 34th
Last Action: 5/14/2008 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: JUDY

Staff Analysis of the Legislation

House Bill 1020

 

Chair's Name: David Ralston

 

Committee: Judiciary Non-Civil

 

House Sponsor: Rich Golick

 

HB 1020 prevents any property or material seized as evidence in child exploitation and pornography cases from being duplicated or distributed. In criminal cases, these items will remain in the custody of the prosecution and may be inspected by the defense, but not copied. In civil cases, copying this type of evidence is also prohibited. In situations where these types of materials will be used as evidence presented at trial, these exhibits will not be made available for public inspection unless the judge approves and designates in writing the agency or local government location where the physical evidence can be inspected. Any form of duplication is prohibited and any person who violates this provision will be guilty of a felony and conviction carries a penalty of 5-20 years imprisonment and up to a $100,000 fine. These materials are also exempt from open records.

 

This committee substitute comes to the Floor under the Modified Structured Rule.

Further Action

The Senate made a small change related to a sentencing range. The House agreed.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text