Children; seizure, etc., of property used in connection with exploitation and solicitation.

Plain English Breakdown

Checked against official source text during the last sync.

Children's Protection: Seizure of Property Used for Exploitation

This law requires courts to order the destruction of audio and visual equipment, electronic devices, and other items used in child exploitation or solicitation cases when a forfeiture is established.

What This Bill Does

• Requires courts to destroy property used in child exploitation or solicitation when a forfeiture is established.
• Specifies that certain information must be provided by law enforcement agencies responsible for the destruction of seized items.
• Prohibits the destruction of evidence until all appeals are finished.

Who It Names or Affects

• People involved in cases of child exploitation and solicitation
• Law enforcement agencies

Terms To Know

Forfeiture

The legal process where property is taken away from someone who has broken the law.

Exploitation

Using or taking advantage of someone, especially in a harmful way.

Limits and Unknowns

• Does not specify what happens to seized items before destruction.
• The effective date is not provided.

Official Summary Text

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children.
Requires the court, if the forfeiture is established to order the destruction of all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law. The bill also (i) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (ii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iii) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur. This bill incorporates HB 274 and HB 688.

Current Bill Text

HB 148

COURTS OF JUSTICE

1. Line 20, engrossed, after
order

insert

shall require the law-enforcement agency ordered to destroy such equipment, devices, and other personal property to photograph such items with identification case numbers or other means of identification and

COURTS OF JUSTICE

2. Line 27, engrossed, after
contents.

insert

Such order and affidavit and any photographs taken pursuant to this subsection shall be admissible in any proceeding, hearing, or trial to the same extent as if such equipment, devices, or other personal property had been introduced as evidence.