HOUSE BILL 293

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING THE REPRODUCTION OF CHILD PORNOGRAPHY EVIDENCE TO A DEFENDANT BEING PROSECUTED UNDER THE SEXUAL EXPLOITATION OF CHILDREN ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-6A-1 NMSA 1978 (being Laws 1984, Chapter 92, Section 1) is amended to read:

     "30-6A-1. SHORT TITLE.--[Sections 1 through 4 of this act] Chapter 30, Article 6A NMSA 1978 may be cited as the "Sexual Exploitation of Children Act"."

     SECTION 2. A new section of the Sexual Exploitation of Children Act is enacted to read:

     "[NEW MATERIAL] CHILD PORNOGRAPHY EVIDENCE--REPRODUCTION PROHIBITED.--

          A. In any criminal prosecution pursuant to the Sexual Exploitation of Children Act, any visual or print medium that may constitute child pornography shall remain in the care, custody and control of either the state or the court.

           B. Notwithstanding Rule 5-501 of the Rules of Criminal Procedure for the District Courts and except as provided in Subsection C of this section, a court shall not allow a defendant to copy, photograph, duplicate or otherwise reproduce any visual or print medium that may constitute child pornography; provided, however, that the state shall make all such evidence reasonably available to the defendant and shall provide ample opportunity for the defendant and the defendant's attorneys and experts to inspect and examine the evidence at a government facility.

          C. A defendant may file a motion and, upon a finding of good cause, the court may issue an order allowing duplication."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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