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H. B. No. 191 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Wachtmann, McGregor, J., Miller, Setzer, Stebelton, Wagoner
A BILL
To enact section 2945.60 of the Revised Code to require that in a criminal proceeding any obscene material involving a minor remain in the custody and control of the prosecuting attorney or court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2945.60 of the Revised Code be enacted to read as follows:
Sec. 2945.60. (A) As used in this section, "obscene," "material," and "minor" have the same meanings as in section 2907.01 of the Revised Code.
(B) In a criminal proceeding, any obscene material that has a minor as one of its participants or portrayed observers shall remain in the care, custody, and control of either the prosecuting attorney or the court.
(C)(1) In a criminal proceeding, the court shall deny a request by the defendant to copy, photograph, duplicate, or otherwise reproduce any obscene material that has a minor as one of its participants or portrayed observers if the prosecuting attorney or court makes the material reasonably available to the defendant for discovery and inspection.
(2) Material is reasonably available to the defendant for discovery and inspection if the prosecuting attorney or court provides ample opportunity for the defendant, the defendant's attorney, and any individual the defendant may seek to qualify as an expert witness at trial to inspect, view, and examine the material at the prosecuting attorney's office or another location under the control of a public official.
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