Page:United States Statutes at Large Volume 120.djvu/660

 PUBLIC LAW 109–248—JULY 27, 2006

120 STAT. 629

published in the Federal Register. The provisions of this section shall not apply to any matter, or image therein, produced, in whole or in part, prior to the effective date of this section. ‘‘(k) On an annual basis, the Attorney General shall submit a report to Congress— ‘‘(1) concerning the enforcement of this section and section 2257 by the Department of Justice during the previous 12month period; and ‘‘(2) including— ‘‘(A) the number of inspections undertaken pursuant to this section and section 2257; ‘‘(B) the number of open investigations pursuant to this section and section 2257; ‘‘(C) the number of cases in which a person has been charged with a violation of this section and section 2257; and ‘‘(D) for each case listed in response to subparagraph (C), the name of the lead defendant, the federal district in which the case was brought, the court tracking number, and a synopsis of the violation and its disposition, if any, including settlements, sentences, recoveries and penalties.’’. (b) CHAPTER ANALYSIS.—The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following:

Deadline. Reports.

‘‘2257A. Recordkeeping requirements for simulated sexual conduct.’’. SEC. 504. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS EVIDENCE IN PROSECUTIONS.

Section 3509 of title 18, United States Code, is amended by adding at the end the following: ‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD PORNOGRAPHY.— ‘‘(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) shall remain in the care, custody, and control of either the Government or the court. ‘‘(2)(A) Notwithstanding Rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant. ‘‘(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.’’. SEC. 505. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD EXPLOITATION AND OBSCENITY CASES.

(a) CONFORMING FORFEITURE PROCEDURES FOR OBSCENITY OFFENSES.—Section 1467 of title 18, United States Code, is amended— (1) in subsection (a)(3), by inserting a period after ‘‘of such offense’’ and striking all that follows; and

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