SB 120 Summary

• Creates the crime of criminal concealment of evidence as a Level 6 felony for prosecuting attorneys who knowingly or intentionally withhold, destroy, or fail to disclose new, material, or credible evidence creating a reasonable possibility that a convicted defendant did not commit the offense.

• Establishes a good faith exception protecting prosecuting attorneys whose erroneous judgment that evidence does not meet the statutory description does not constitute a violation.

• Requires prosecuting attorneys who discover exculpatory evidence to promptly disclose it to the court and, if conviction occurred in their jurisdiction, to the defendant or defense attorney and undertake further investigation.

• Grants the Attorney General exclusive jurisdiction to investigate and prosecute violations of the criminal concealment statute and postconviction disclosure obligations, with authority to issue subpoenas, examine witnesses, and request special prosecutors.

• Clarifies that existing pretrial discovery obligations regarding exculpatory evidence under case law and professional conduct rules are not superseded or modified.

• Effective July 1, 2016.