Criminal procedure.

Plain English Breakdown

The official source material does not specify which criminal cases are covered by this law, leaving some uncertainty about its applicability.

Protecting Adult Victims' Privacy in Criminal Cases

This law requires courts to issue protective orders for sexually explicit material involving adult victims and limits who can see copies of this evidence.

What This Bill Does

• Requires the court to create rules that stop unnecessary sharing of sexually explicit material about adult victims in criminal cases.
• Does not allow attorneys to share copies of this kind of evidence with defendants or their families without a special court order.
• Allows attorneys to give copies of this evidence only to people who need it for preparing the case, but only if the court says it's okay and the disclosure is required for preparation.
• Clarifies that prosecutors still have to tell defendants about important evidence even when these rules apply.

Who It Names or Affects

• People involved in criminal cases with sexually explicit material involving adult victims
• Lawyers and judges working on these cases

Terms To Know

Protective order

A court order that sets rules to protect someone's privacy or safety.

Exculpatory evidence

Evidence that might show a defendant did not commit the crime they are accused of.

Limits and Unknowns

• The bill does not specify exactly which criminal cases it applies to.
• It is unclear how these rules will affect the preparation and trial process for defendants' lawyers.

Official Summary Text

SB 1056, as amended, Grayson.
Criminal procedure.
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 requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred.
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 require the court, in
a criminal case
specified criminal cases
involving sexually explicit material depicting
or involving
an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to prevent unnecessary copying, transmission, or dissemination of the material.
This bill would prohibit an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant’s
family, or anyone else copies of sexually explicit material depicting
or involving
an adult victim, unless specifically permitted to do so by the court after a hearing and a showing of good cause. The bill would authorize an attorney to disclose or permit to be disclosed copies of evidence of sexually explicit material depicting
or involving
an adult victim to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case only in accordance with the terms of a protective order issued by the court if that disclosure is required for that preparation.
This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court.

Current Bill Text

Download Bill PDF