Bill > S2668

This bill proposes to amend Chapter 233 of the General Laws in Massachusetts to establish new requirements for the reliability of testimony from informants in criminal proceedings. The key provisions are: 1. Definitions - The bill defines a "testifying informant" as someone who claims to have heard incriminating statements made by the accused. 2. Mandatory Documentation and Discovery - The Commonwealth must create and maintain records on the informant's criminal history, any deals or benefits offered to the informant, and communications with the informant. This information must be disclosed to the defendant as part of pre-trial discovery. 3. Reliability Hearing - If the Commonwealth intends to introduce informant testimony, the court must hold a hearing to determine if the testimony is reliable. The Commonwealth has the burden of proving the testimony is more probative than prejudicial, considering factors such as the informant's criminal history and any benefits received. 4. Exclusion of Unreliable Testimony - If the Commonwealth fails to demonstrate the informant's testimony is reliable by a preponderance of the evidence, the court shall not allow the testimony to be heard at trial. The goal of the bill is to ensure greater reliability and transparency around the use of informant testimony in criminal cases in Massachusetts.

Budget and Finance

Joint Committee on the Judiciary (J)

https://malegislature.gov/Bills/192/S2668