§ 331.3. Discovery; upon court order. 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.