AB 528: Criminal procedure: child pornography.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies.

Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant’s family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation.

This bill would repeal the provisions allowing disclosure of copies to a defendant, the defendant’s family, person’s employed by an attorney or appointed by the court, or anyone else. The bill would instead require any material that constitutes child pornography, as defined, to remain in the care, custody, or control of either a law enforcement agency, the prosecution, or the court. The bill would prohibit a defendant, their attorney, or anybody else from copying, photographing, duplicating, or reproducing any material that constitutes child pornography so long as the prosecution makes the material, and any hardware, media, or other property containing, storing, or housing the material, reasonably available to the defendant, as specified. The bill would also require this material to be made available, as specified, to a victim or the victim’s attorney or to any individual the victim may seek to qualify to furnish expert testimony.

By requiring new duties on prosecutors, law enforcement agencies, and the courts, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Sponsors

Sponsors by party (alphabetical): Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 13, 2026In committee: Held under submission.
2. August 29, 2025In committee: Held under submission.
3. August 18, 2025In committee: Referred to suspense file.
4. July 3, 2025Read second time and amended. Re-referred to Com. on APPR.
5. July 2, 2025From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 1).
6. June 11, 2025Referred to Com. on PUB. S.
7. June 3, 2025In Senate. Read first time. To Com. on RLS. for assignment.
8. June 2, 2025Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1924.)
9. May 27, 2025Read second time. Ordered to third reading.
10. May 23, 2025From committee: Do pass. (Ayes 14. Noes 0.) (May 23).
11. April 9, 2025In committee: Set, first hearing. Referred to APPR. suspense file.
12. March 26, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 25). Re-referred to Com. on APPR.