2007 Regular Session
To: Judiciary, Division A
By: Senator(s) Albritton
AN ACT TO PROHIBIT REPRODUCTION OF CHILD PORNOGRAPHY DURING DISCOVERY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In any criminal proceeding, property or material that constitutes child pornography prohibited under Sections 97-5-31 and 97-5-33, Mississippi Code of 1972, shall remain in the care, custody, and control of either the prosecution or the court.
(2) (a) Notwithstanding Rule 9.04 of the Mississippi Uniform Circuit and County Court Rules, a court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography; however, the prosecution shall be required to make the property or material reasonably available to the defendant.
(b) For the purposes of this section, property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity at a government facility for inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any person the defendant may seek to qualify to furnish expert testimony at trial.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.