Criminal procedure

The law protects adult victims’ privacy and limits unnecessary sharing of sensitive evidence while preserving defendants’ access to evidence needed for a fair defense.

What the law does ​

• Requires courts in specified registered-sex-offense and lewd-conduct cases involving sexually explicit material of an adult victim to issue a disclosure protective order.
• Requires orders to protect privacy, prevent unnecessary copying or distribution, and preserve fair-trial and defense-participation rights.
• Bars parties from sharing copies outside the order’s terms, while allowing attorneys to share them with people necessary to prepare the case, including the defendant.
• Requires parties receiving additional sexually explicit material of the victim to notify the court so it can be covered by an order.
• Preserves prosecutors’ duty to disclose relevant or exculpatory evidence and does not change evidence admissibility.

Who it affects ​

• Adult victims whose sexually explicit material is evidence in covered criminal cases.
• Defendants, including people representing themselves.
• Prosecutors, defense attorneys, courts, and case-preparation personnel.

Context ​

Local agencies and school districts may be reimbursed if the Commission on State Mandates finds the law creates state-mandated costs.