Staff Analysis of the Legislation
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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. |