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IN SB0271
Bill
Status
1/9/2017
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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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 that creates a reasonable possibility a convicted defendant did not commit their offense.
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Establishes a good faith exception allowing prosecutors whose erroneous judgment that evidence does not meet the statutory description to avoid prosecution.
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Requires prosecuting attorneys to promptly disclose exculpatory evidence to courts and defendants, undertake further investigation to determine guilt, and remedy erroneous convictions when new material evidence exists.
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Grants the attorney general exclusive jurisdiction to investigate and prosecute violations of the criminal concealment statute and postconviction responsibilities law, with authority to subpoena witnesses, examine records, and request special prosecutor assistance.
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Takes effect July 1, 2017, and does not supersede existing pretrial discovery obligations regarding exculpatory evidence under case law or professional conduct rules.
Legislative Description
Disclosure of exculpatory evidence. Creates the crime of criminal concealment of evidence. Provides that a prosecuting attorney who knowingly or intentionally: (1) withholds; (2) destroys; or (3) fails to disclose the existence of; new, material, or credible evidence creating a reasonable possibility that a convicted defendant did not commit the offense for which the defendant was convicted commits the crime of criminal concealment of evidence, a Level 6 felony. Creates a good faith exception for the crime of criminal concealment of evidence. Provides that a prosecuting attorney shall: (1) disclose exculpatory evidence to the defendant or defense attorney of record;
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/9/2017