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Bill > H1649
MA H1649
MA H1649Relative to the reliability of testifying informants “testifying informant legislation”
summary
Introduced
02/16/2023
02/16/2023
In Committee
02/16/2023
02/16/2023
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
193rd General Court
Bill Summary
Relative to the reliability of testifying informants. The Judiciary.
AI Summary
This bill aims to improve the reliability of testimony from "testifying informants" - individuals who claim to have information about admissions made by the accused and who may receive a benefit, such as a plea bargain or reduced sentence, in exchange for their testimony. The key provisions of the bill include:
1. Requiring the creation of a centralized record documenting the criminal history, benefits, and communications of any testifying informants to be made available to prosecutors statewide.
2. Mandating the timely disclosure of information related to the testifying informant's credibility, such as any alleged criminal conduct, deals or benefits offered, and prior inconsistent statements.
3. Requiring the court to hold a "reliability hearing" to determine if the testifying informant's testimony is reliable, with the burden on the prosecution to establish reliability by a preponderance of the evidence. If the prosecution fails to meet this burden, the court cannot allow the testimony to be heard at trial.
4. Requiring prosecutors to notify victims if a testifying informant receives leniency related to a pending charge, conviction, or sentence for a crime against that victim.
The overall intent of the bill is to improve the scrutiny and reliability of testimony from informants who may have incentives to provide incriminating information against the accused.
Committee Categories
Justice
Sponsors (2)
Last Action
Accompanied a study order, see H4517 (on 06/05/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/193/H1649 |
| BillText | https://malegislature.gov/Bills/193/H1649.pdf |
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