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IA HSB42

SB

Status

Introduced

1/21/2025

Primary Sponsor

Judiciary

Click for details

Origin

House of Representatives

91st General Assembly

AI Summary

  • Restricts discovery in postconviction relief cases to only what a court permits, requiring applicants to identify the specific information sought and demonstrate it does not unreasonably invade privacy interests of affected persons (victims, witnesses, or those whose private information may be revealed)

  • Requires clear and convincing evidence before allowing discovery involving a crime victim, including proof that the evidence is necessary to establish the applicant's innocence, is unavailable from other sources, and that victim contact is minimized through methods like remote testimony or written statements

  • Grants victims and affected persons standing to object to or move to quash discovery requests seeking private information, and mandates the court appoint an attorney (paid from the indigent defense fund) to represent victims upon request

  • Requires persons contacting victims or witnesses on behalf of an applicant to disclose their identity and role, inform the person they have no obligation to cooperate, and advise them of their right to have an advocate or attorney present

  • Preserves the state's constitutional obligation to disclose exculpatory evidence to postconviction relief applicants while limiting the state's duty to reproduce previously disclosed discovery or materials already in accessible court files

Legislative Description

A bill for an act relating to discovery and postconviction procedure.

Last Action

Subcommittee recommends passage.

1/29/2025

Committee Referrals

Judiciary1/21/2025

Full Bill Text

No bill text available