Defense Review of Tangible Object for Criminal Trial

The act grants a right for defense counsel to review a tangible object related to a criminal case at least 35 days before a trial, except for cases involving sexually exploitative material, and create confidential work product following their review. Law enforcement shall designate a specific location for the evidence viewing and be present during the evidence viewing to ensure chain of custody and integrity of the evidence. The act does not limit the defense's ability to request testing or a hearing, or the court's ability to conduct a hearing, on a tangible piece of evidence.

Law enforcement officers and other state officials may record an evidence viewing by either the prosecution or the defense for the purpose of ensuring the chain of custody, integrity, or safety of the evidence held by the law enforcement agency, and must provide notice to the prosecuting authority and defense if a recording occurs. Law enforcement may view the recording for purposes of organization or cataloguing the evidence, or as authorized by a court order. A trial court may enter protective orders relating to a recording of an evidence viewing.

When a member of the defense team is viewing evidence and is incidentally recorded on a law enforcement body-worn camera, it is not an interaction with law enforcement for purposes of the body-worn camera statute and is not for the purpose of enforcing the law or investigating possible violations of the law.

(Note: This summary applies to this bill as enacted.)