Bill > SSB1055

Introduced Session

This bill relates to defense subpoenas in criminal cases. The bill provides that a criminal defendant or counsel S.F. _____ H.F. _____ acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by a preponderance of the evidence there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information. Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, the bill provides that the procedure set forth in the bill is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. Documents or other evidence obtained by a subpoena that does not comply with the requirements of the bill shall not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the bill may be sanctioned by the court. An application for a defense subpoena shall not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within five business days of obtaining the documents or evidence. The bill provides that upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena, if the person or entity is indigent. The bill provides that an applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel when that claim is predicated upon evidence that was obtained through a defense subpoena and required to be disclosed under the bill.

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Other Sponsors (1)

Committee report approving bill, renumbered as SF 571. (on 03/06/2025)

Official Document