BILL REQ. #:  H-0128.2 

Read first time 01/26/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to prohibiting the reproduction of certain evidence collected in prosecutions for sexual exploitation of children; and adding a new section to chapter 9.68A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9.68A RCW to read as follows:
     (1) In any criminal proceeding, any photograph or visual or printed matter of a minor collected as evidence in a prosecution for RCW 9.68A.040 through 9.68A.070 shall remain in the care, custody, and control of the law enforcement agency or the court.
     (2) Notwithstanding any other statute or court rule, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any photograph or visual or printed matter of a minor collected as evidence in a prosecution for RCW 9.68A.040 through 9.68A.070, so long as the law enforcement agency or the court makes the evidence reasonably available to the defendant.
     (3) For the purposes of this section, the evidence shall be deemed to be reasonably available to the defendant if the law enforcement agency or the court provides ample opportunity at the law enforcement agency's facility or at the court for inspection, viewing, and examination of the evidence by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.