SB 653 - Open File Disclosure in Criminal Cases

• Prosecutorial officials must disclose to defendants within 45 days of written request: police reports with witness statements, relevant documents, defendant's statements/confessions, prior convictions, executed arrest warrants, and exculpatory information.

• Prosecutors must disclose expert reports, electronic surveillance recordings, summaries of unrecorded confessions, and physical/mental examination records at least 35 days before trial, or immediately if discovered during trial.

• For class A, B, or C felonies, defendants and prosecutors must acknowledge in writing or on the record all disclosed information before plea acceptance or trial.

• Prosecutors must provide itemized lists of all disclosed materials in chronological order, and defendants must acknowledge receipt on the record.

• Peace officers must disclose exculpatory information in writing to prosecutors, who must represent to the court 35 days before trial that all such information has been obtained from officers and disclosed to defendants.

• Effective January 1, 2020.