Victim and Witness Privacy Amendments

Replaced the detailed, multi-step court order process with a requirement for prosecutors to disclose data directly to defense counsel under Rule 16, unless a protective order is first requested by the prosecutor.

Added a specific prohibition preventing self-represented defendants from inspecting nonpublic data; they must now request the court to appoint counsel to view the evidence on their behalf.

Added a new right for victims and witnesses to receive notice of any motions to issue or modify protective orders and to be heard on those motions.

Removed the specific requirement that victims have a right to be heard on a defendant's request to copy or reproduce data, replacing it with a broader right to be heard on motions to modify protective orders.

Added explicit authority for courts to hold individuals in contempt and impose sanctions if they intentionally or knowingly violate a protective order regarding victim privacy.

Added a specific definition for 'intimate image' and created a distinct sub-section requiring prosecutors to either redact intimate images or provide a description if they are not required to be disclosed.

Added definitions for 'intimate image' (referencing existing law) and 'virtual room' (a secure web-based platform that prevents copying of data).

Expanded the definition of 'prosecuting attorney' to include city attorneys and assistant city attorneys.

Added a new definition for 'pro se defendant' to cover individuals representing themselves or those who have not yet retained counsel.

Created a rebuttable presumption that prosecutors cannot disclose intimate images contained within nonpublic victim or witness data.

Mandated that law enforcement and prosecutors work toward implementing a 'virtual room' to allow defense attorneys to review sensitive data securely without compromising victim privacy.

Required prosecutors to inform defendants about any devices seized, whether evidence was obtained from them, and the origin of those devices.

Changed the definition of 'electronic evidence' to be more broadly tied to case relevance and constitutional disclosure rules rather than just being 'reasonably related to an element of the crime.'

Removed the specific requirement for law enforcement to establish a policy regarding nonpublic data, replacing it with a directive to 'work towards' implementing virtual review systems.

Added a new definition for 'Evidence' and modified the definition of 'Nonpublic victim or witness data' to explicitly exclude evidence, changing what information is protected.

Added a new requirement for law enforcement agencies to actively identify and segregate evidence from non-public victim or witness data during investigations.

Changed the standard for a defendant's attorney to inspect data from a 'good cause' determination to a 'clear and convincing evidence' standard, making it much harder to obtain copies of data.

Added a new requirement that defendants must prove searching for evidence at a law enforcement facility is inadequate before they can receive copies of data.

Modified the rules for disclosing data to attorneys, clarifying that non-public data generally cannot be provided under standard discovery rules unless specific conditions are met.