SB 1056

SB1056:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1056

An act to add Section 1054.11 to the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

SB 1056, as amended, Grayson. Criminal procedure.

Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. Existing law requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred.

Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant’s family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation.

This bill would require the court, in specified criminal cases involving sexually explicit material depicting an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to safeguard the victim’s privacy, prevent unnecessary copying, transmission, or dissemination of the material. material, and ensure the defendant’s right to a fair trial and a meaningful opportunity to participate in their own defense.

This bill would prohibit an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant’s family, or anyone else would, if the court issues that protective order, prohibit the parties from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the court after a hearing and a showing of good cause. protective order. The bill would authorize an attorney for any party to disclose or permit to be disclosed copies of evidence of sexually explicit material depicting an adult victim to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case only in accordance with the terms of a protective order issued by the court if that disclosure is required for that preparation. subject to the protective order, to a person necessary for the preparation of the case, including the defendant. The bill would, if a party receives any other sexually explicit material of the adult victim, require the party to notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order. By increasing duties on local prosecutors, this bill would impose a state-mandated local program.

This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 1054.11 is added to the Penal Code, immediately following Section 1054.10, to read:

1054.11.

(a) (1) In a criminal case in which a defendant is being prosecuted for a violent felony, as defined in subdivision (c) of Section 667.5, violation of any offense listed in subdivision (c) of Section 1192.7 that is also required to register pursuant to Section 290, or a violation of subdivision (j) of Section 647, involving sexually explicit material depicting an adult victim, the court shall issue, upon a noticed motion of either the prosecutor or the defense attorney, or on its own motion, motion with notice and a meaningful opportunity to be heard by both parties, a protective order governing the disclosure of that material, by any party, with conditions sufficient to prevent to do all of the following:

(A) Safeguard the adult victim’s privacy.

(B) Prevent unnecessary copying, transmission, or dissemination of the material.

(C) Ensure the defendant’s right to a fair trial and a meaningful opportunity to participate in their own defense.(2) If a defendant is representing themselves, the court shall consider whether the protective order shall include a requirement that the material be viewed at the courthouse or in a secured location. In any such case, the defendant shall not retain a copy of the material after the case has ended.

(2)

(3) Except as provided in subdivision (b), an attorney shall not disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else this subdivision, if the court issues a protective order, the parties shall be prohibited from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the court after a hearing and a showing of good cause. terms of the protective order.

(b) Notwithstanding subdivision (a), an attorney for any party may disclose or permit to be disclosed copies of evidence of sexually explicit material depicting an adult victim to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case only in accordance with the terms of a protective order issued by the court if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section or by court order, is prohibited. subject to the protective order, to a person necessary for the preparation of the case, including the defendant.

(c) If a party receives any other sexually explicit material of the adult victim, the party shall notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order.

(c)

(d) (1) This section does not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence.

(2) This section is not intended to affect the admissibility of any relevant evidence in any court proceeding.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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REVISIONS: Heading—Lines 1 and 2.

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