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  • NJ A525
  • Requires court to deny defendant's right to copy or reproduce images of child pornography as part of discovery.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill prohibits the reproduction of child pornography for purposes of discovery in a criminal case. It is modeled on a provision of the federal Adam Walsh Child Protection and Safety Act of 2006. The bill requires the court to deny, notwithstanding the Rules of Criminal Practice, a request by the defendant to duplicate or reproduce any property or material that constitutes child pornography, so long as the prosecutor makes the property or material "reasonably available" to the defendant. Property or material would be deemed to be reasonably available if the State provides ample opportunity for inspection, viewing, and examination at a government facility of the property or material by the defendant, his or her attorney, or an expert witness who will testify at trial. In enacting the federal statute, the United States Congress noted that the "vast majority of child pornography prosecutions involve images on computer hard drives, computer disks and related media." Congress further stated that every time a child pornography image is viewed it constitutes another violation of the victim's privacy and a repetition of the original abuse. The findings also note that child pornography is contraband per se and should not be copied by the defendant or his or her attorney. In enacting this statute, Congress recognized the compelling governmental interest in protecting children from persons who would seek to sexually exploit them.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified