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HB14-1220: Discovery Requirements In Criminal Cases

Criminal Justice
Bill Number: HB14-1220
Year: 2014
ACLU Position: Oppose
Sponsors: Lawrence

Description:

Not later than 35 days before trial except for good cause shown, the defense in a criminal case shall make available to the prosecutor:
• Any books, papers, documents, photographs, images, electronically stored information, tangible objects, audio and visual tapes, films, and recordings, or copies or portions thereof, that the defense intends to introduce as evidence;
• A written list of names, addresses, and birth dates of any witnesses whom the defense intends to call at trial;
• Written statements made by any witnesses whom the state may call as a witness at trial;
• A written list of names, addresses, and qualifications of any experts the defense intends to call at trial; and
• Any reports or statements of experts made in connection with the case, including the results of any physical or mental examinations and any scientific tests, experiments, or comparisons that the defendant intends to introduce into evidence.

The defense shall disclose to the prosecution the nature of any defense that the defense intends to use at trial. In no case shall such disclosure be less than 35 days before trial in the case of a felony trial, or less than 7 days before trial in the case of a non-felony trial.
If the defense intends to introduce evidence that the defendant was intoxicated during the commission of the offense, the defense shall notify the prosecuting attorney as soon as practicable but not later than 35 days before trial. In this notice, the defense shall identify all substances that caused or contributed to the intoxication, indicate whether the intoxication was self-induced, and provide the names and addresses of any witnesses the defense will call to support the defense of intoxication. If the defense intends to present evidence that the defendant was at a place other than the location of the offense, the defense shall serve upon the prosecution as soon as practicable but not later than 35 days before trial a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defense will call to support the defense of alibi.

Upon receiving this statement, the prosecution shall advise the defense of the names and addresses of any witnesses who may be called to refute the alibi. At trial, neither the prosecution nor the defense may introduce evidence inconsistent with the specification unless the court, for good cause and upon just terms, permits the specification to be amended.

Not later than 45 days before trial except for good cause shown, the prosecutor and the defense attorney shall confer and attempt to reach agreement on any discovery issues. No motion for discovery of any materials that are required to be disclosed shall be filed unless the moving party certifies that the prosecutor and defense counsel have satisfied this requirement.


Current Status:

02/18/2014 - House Committee on Judiciary Postpone Indefinitely
01/30/2013 - Introduced In House - Assigned to Judiciary



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