SF 1145

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to data practices; prohibiting the reproduction of pornographic works
involving a minor maintained by a government entity or court in connection
with a criminal proceeding; amending Minnesota Statutes 2008, section 13.871,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 617.

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

Section 1.

Minnesota Statutes 2008, section 13.871, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Pornographic works involving minors. new text end

new text begin Reproduction of pornographic
works involving minors is governed by section 617.248.
new text end

Sec. 2.

new text begin [617.248] PROHIBITION ON REPRODUCTION OF PORNOGRAPHIC
WORK INVOLVING MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "government entity" has the meaning given in section 13.02; and
new text end

new text begin (2) "pornographic work" has the meaning given in section 617.246.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) Government data or a record that is, or is alleged to
be, a pornographic work involving a minor that is maintained in connection with a
criminal investigation or proceeding must remain in the care, custody, and control of the
government entity that maintains the data or the court. Notwithstanding section 13.03,
subdivision 3, or 13.04, subdivision 3, a government entity or court must not provide
copies of that data or record to a requesting person.
new text end

new text begin (b) Notwithstanding Rule 9 of the Minnesota Rules of Criminal Procedure, a
government entity or court shall deny any request by a defendant to copy, photograph,
duplicate, or otherwise reproduce any data or record described in paragraph (a), provided
that the government entity that maintains the data or the court makes the data or record
reasonably available to the defendant. The government entity or court shall provide the
defendant, the defendant's attorney, and any individual the defendant may seek to qualify
to furnish expert testimony at trial with a reasonable opportunity for inspection, viewing,
and examination of the data or record to the extent necessary for the defendant to pursue
an effective defense in the case.
new text end