Section 545.950

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 2016   

  545.950.  Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order. — 1.  Except as provided by subsection 2 of this section, the defendant, the defendant's attorney, or an investigator, expert, consulting legal counsel, or other agent of the defendant's attorney shall not copy or distribute to a third party any visual or aural recordings or photographs of a minor who is alleged to be the victim of an offense under chapter 566 created by or in the possession of a child assessment center, health care provider, or multidisciplinary team member unless a court orders the copying or distribution upon a showing of good cause after notice and a hearing and after considering the safety and privacy interests of any victim.

  2.  The defendant's attorney or an investigator, expert, consulting legal counsel, or agent for the defendant's attorney may allow a defendant, witness, or prospective witness to view the information provided under this section, but shall not allow such person to have copies of the information provided.

  3.  If a court orders the copying or distribution of visual or aural recordings or photographs as described in subsection 1 of this section, the order shall:

  (1)  Be limited solely to the use of the recordings or photographs for the purposes of a pending court proceeding or in preparation for a pending court proceeding;

  (2)  Prohibit further copying, reproduction, or distribution of the recordings or photographs; and

  (3)  Require, upon the final disposition of the case, the return of all copies to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs, or provide an affidavit to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs certifying that all copies have been destroyed.

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(L. 2016 H.B. 1562)