COPYING CHILD SEX EVIDENCE                                                             S.B. 1313 (S-1):

                                                                                                      FLOOR SUMMARY

Senate Bill 1313 (Substitute S-1 as reported)

Sponsor:  Senator Goeff Hansen

Committee:  Judiciary

CONTENT

The bill would amend the Michigan Penal Code to require a court to deny any request by a defendant in a child sexually abusive activity or material case to copy or otherwise reproduce photographic or other pictorial evidence of a child engaging in a sexual act, if the prosecuting attorney made that evidence reasonably available to the defendant.

Section 145c of the Penal Code prohibits and prescribes felony penalties for all of the following:

-- Persuading, inducing, enticing, coercing, causing, or knowingly allowing a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material.

-- Arranging for, producing, making, or financing any child sexually abusive activity or child sexually abusive material.

-- Involvement in distributing or promoting any child sexually abusive material or child sexually abusive activity.

-- Knowing possession of any child sexually abusive material.

Under the bill, the court would have to deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any photographic or other pictorial evidence of a child engaging in a "listed sexual act" (as defined in Section 145c) if the prosecuting attorney made that evidence reasonably available to the defendant.  Evidence would be considered to be reasonably available to the defendant if the prosecuting attorney provided ample opportunity to the defendant and his or her attorney, and any person the defendant might seek to qualify as an expert witness at trial, to inspect, view, and examine the evidence at a facility approved by the prosecuting attorney.

MCL 750.145c                                                         Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  10-1-12                                                   Fiscal Analyst:  Dan O'Connor

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.