Child pornography held as part of state court proceedings would be tightly protected under a bill headed to floor of the Kentucky House.
Any material constitutes child pornography or a sexual performance by a minor would not be allowed to be duplicated in a criminal or civil proceeding by the defendant per House Bill 120, sponsored by Rep. Chad McCoy, R-Bardstown and approved unanimously yesterday by the House Judiciary Committee. Such material would instead be secured and kept in the custody of the court, prosecutor or law enforcement involved.
“This bill is designed to protect the most innocent among us, our children – the ones who have been exploited,” said McCoy.
He said his bill “draws a line” by not allowing child pornography held in criminal or civil cases to be copied or reproduced in any way.
“So, in a criminal or civil proceeding, if you’re the defendant, you’ve got to go see the court,’ McCoy told the committee.
The prohibition would not keep such material from being made “reasonably available” to the defense by the prosecution at “a designated facility” for viewing and inspection, according to the bill. McCoy said he hopes such accommodations would be made sparingly.
“I would hope we would be very circumspect in doing that,” he said. “But we have not tied (the courts’) hands.”
Speaking against the bill was Rebecca DiLoreto with the Kentucky Association of Criminal Defense Lawyers. DiLoreto said her organization believes that HB 120 would limit defense access to evidence.
“Our judges are elected to exercise discretion in terms or how evidence will be viewed,” she said.
The bill now goes to the full House for consideration.