Section 331.3. Discovery; upon court order  


Latest version.
  • 1. Upon motion of respondent the
      court,  (a) must order discovery as to any material not disclosed upon a
      demand pursuant to section 331.2,  if  it  finds  that  the  presentment
      agency's  refusal  to disclose such material is not justified; (b) must,
      unless it is satisfied that the presentment agency has shown good  cause
      why  such  an  order  should not be issued, order discovery or any other
      order authorized by subdivision one of section 331.6 as to any  material
      not   disclosed   upon  demand  pursuant  to  section  331.2  where  the
      presentment agency has failed to serve a timely written refusal pursuant
      to subdivision six of section 331.2; and (c) may  order  discovery  with
      respect  to  any  other property which the presentment agency intends to
      introduce at the fact-finding hearing, upon a showing by the  respondent
      that  discovery  with  respect  to  such  property  is  material  to the
      preparation of his defense, and that the  request  is  reasonable.  Upon
      granting  the  motion pursuant to paragraph (c) hereof, the court shall,
      upon motion of the presentment agency showing such to be material to the
      preparation of its case and that the request  is  reasonable,  condition
      its order of discovery by further directing discovery by the presentment
      agency  of property, of the same kind or character as that authorized to
      be inspected by the respondent which he  intends  to  introduce  at  the
      fact-finding hearing.
        2.   Upon   motion   of   the   presentment  agency,  and  subject  to
      constitutional limitation, the court; (a) must order discovery as to any
      property not disclosed upon a demand pursuant to section  331.2,  if  it
      finds  that  the  respondent's  refusal to disclose such material is not
      justified; and (b) may order the respondent to  provide  non-testimonial
      evidence. Such order may, among other things, require the respondent to:
        (i) appear in a line-up;
        (ii) speak for identification by witness or potential witness;
        (iii)  be  fingerprinted,  provided  that the respondent is subject to
      fingerprinting pursuant to this article;
        (iv) pose for photographs  not  involving  reenactment  of  an  event,
      provided  the  respondent  is subject to fingerprinting pursuant to this
      article;
        (v) permit the taking of samples of blood,  hair  or  other  materials
      from  his  body  in  a  manner  not  involving an unreasonable intrusion
      thereof or a risk of serious physical injury thereto;
        (vi) provide specimens of his handwriting; and
        (vii) submit to a reasonable physical or  medical  inspection  of  his
      body.
        This subdivision shall not be construed to limit, expand, or otherwise
      affect  the  issuance  of a similar court order, as may be authorized by
      law, before the filing of a petition consistent with such rights as  the
      respondent  may derive from this article, the constitution of this state
      or of the United States.
        3. An order pursuant  to  this  section  may  be  denied,  limited  or
      conditioned as provided in section 331.5.