Thursday, August 21, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB863: Computer and electronic data; access to defendant thereof seized in obscenity, etc., cases.
Patrons-- Byron, Abbitt, Albo, Athey, Callahan, Cosgrove, Gear, Gilbert, Landes, O'Bannon, Rust, Sherwood, Wittman and Wright
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 19.2-270.1:1 as follows:
§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant.
When computer data or electronic data, stored in any form, are seized as evidence in a criminal prosecution of any offense involving obscenity or child pornography, neither the original data nor a copy thereof shall be released to the defendant or his counsel, nor shall a court order the release of such evidence to the defendant or his counsel. However, the defendant or his counsel shall be allowed the reasonable opportunity to review such evidence in accordance with the rules of discovery.
Additional Data
Explanation
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