State Codes and Statutes

Statutes > Nebraska > Chapter27 > 27-1301

27-1301. Evidence of visual depiction of sexuallyexplicit conduct; restrictions on care, custody, and control; Supreme Court;duties.(1)In any judicial or administrative proceeding, any property or material thatconstitutes a visual depiction of sexually explicit conduct, as defined insection 28-1463.02, and which has a child, as defined in such section, asone of its participants or portrayed observers, shall remain constantly andcontinuously in the care, custody, and control of law enforcement, the prosecutingattorney, or the court having properly received it into evidence, except asprovided in subsection (3) of this section.(2) All courtsand administrative agencies shall unequivocally deny any request by the defendant,his or her attorney, or any other person, agency, or organization, regardlessof whether such defendant, attorney, or other person, agency, or organizationis a party in interest or not, to acquire possession of, copy, photograph,duplicate, or otherwise reproduce any property or material that constitutesa visual depiction of sexually explicit conduct, as defined in section 28-1463.02,and which has a child, as defined in such section, as one of its participantsor portrayed observers, so long as the state makes the property or materialreasonably available to the defendant in a criminal proceeding. Nothing inthis section shall be deemed to prohibit the review of the proscribed materialsor property by a federal court when considering a habeas corpus claim.(3)(a) Forpurposes of this section, property or material are deemed to be reasonablyavailable to a defendant if the state provides ample opportunity for inspection,viewing, examination, and analysis of the property or material, at a law enforcementor state-operated facility, to the defendant, his or her attorney, and anyindividual the defendant seeks to use for the purpose of furnishing experttestimony.(b) Notwithstanding the provisions of this subsection, a courtmay order a copy of the property or material to be delivered to a person identifiedas a defense expert for the purpose of evaluating the evidence, subject tothe same restrictions placed upon law enforcement. The defense expert shallreturn all copies and materials to law enforcement upon completion of theevaluation.(4) On or before July 1, 2009, the Supreme Court shall adopt andpromulgate rules and regulations regarding the proper control, care, custody,transfer, and disposition of property or material that constitutes a visualdepiction of sexually explicit conduct, as defined in section 28-1463.02,and which has a child, as defined in such section, as one of its participantsor portrayed observers, that has been received into evidence at any judicialor administrative proceeding. Among the issues addressed by these rules andregulations, the Supreme Court should devise procedures regarding the preparationand delivery of bills of exception containing evidence as described in thissection, as well as procedures for storing, accessing, and disposing of suchbills of exception after preparation and receipt. SourceLaws 2009, LB97, § 22.