BILL NUMBER: SB 877	CHAPTERED  08/11/03

	CHAPTER  238
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2003
	APPROVED BY GOVERNOR  AUGUST 9, 2003
	PASSED THE SENATE  JULY 24, 2003
	PASSED THE ASSEMBLY  JULY 17, 2003
	AMENDED IN ASSEMBLY  JULY 15, 2003
	AMENDED IN SENATE  APRIL 23, 2003

INTRODUCED BY   Senators Hollingsworth, Battin, Denham, and Knight

                        FEBRUARY 21, 2003

   An act to add Section 1054.10 to the Penal Code, relating to
discovery, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 877, Hollingsworth.  Criminal procedure:  discovery.
   Existing law, added by initiative statute, controls discovery
obligations in criminal cases.  In particular, existing law requires
the prosecuting attorney and the attorney for the defendant to
disclose to each other specified materials and information in his or
her possession, or known to be in the possession of investigators,
including, among other things, relevant real evidence seized or
obtained as a part of the investigation of the offenses charged.
This initiative measure also forbids attorneys, their employees, and
others appointed by the court to disclose the addresses or telephone
numbers of victims and witnesses in a criminal case to a defendant,
the defendant's family, or any other person except as required to
assist in the preparation of the defendant's case.
   This bill would  forbid the disclosure of copies of child
pornography evidence  by an attorney to a defendant, members of a
defendant's family, or anyone else, except for the attorney's
employees or court appointees if required for preparation of the
case.  The attorney would be required to inform persons provided this
material that further dissemination of the material would be
forbidden.
   This bill would declare that it is to take effect immediately as
an urgency measure.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1054.10 is added to the Penal Code, to read:
   1054.10.  (a)  Except as provided in subdivision (b), no attorney
may disclose or permit 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.
   (b) Notwithstanding subdivision (a), an attorney may 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.  Persons provided this
material by an attorney shall be informed by the attorney that
further dissemination of the material, except as provided by this
section, is prohibited.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to  ensure the proper handling of evidence of child
pornography, it is necessary that this bill go into effect
immediately.