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Bill > SF571

IA SF571

A bill for an act relating to defense subpoenas in criminal cases, and providing penalties.(Formerly SSB 1055.)

summary

Introduced
03/10/2025
In Committee
03/24/2025
Crossed Over
03/24/2025
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to defense subpoenas in criminal cases. The bill provides that a criminal defendant or counsel 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.

AI Summary

This bill establishes strict new rules for defense subpoenas in criminal cases, creating a comprehensive legal framework that significantly limits how criminal defendants can obtain documents or evidence. Under the new law, defense attorneys must apply to the court to issue a subpoena and can only do so if they can prove by a preponderance of evidence that the requested evidence is compelling, material, necessary, and exculpatory (meaning it directly tends to prove the defendant's innocence, not just impeach a witness or provide cumulative information). The bill explicitly prohibits obtaining private information about crime victims or other individuals, defining "private information" as material that would typically require a search warrant or reveal personal details unrelated to the case. Additionally, the bill mandates that any subpoenaed documents must be provided to the prosecution within five business days, allows the court to sanction attorneys who improperly issue subpoenas, and prevents defendants from claiming ineffective assistance of counsel based on evidence obtained through an improper subpoena. The law establishes this process as the exclusive mechanism for defense subpoenas, overriding previous criminal procedure rules, and provides that if a subpoena does not comply with these requirements, the evidence cannot be admitted at trial if offered by the defendant.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Judiciary (S)

Last Action

Read first time, referred to Judiciary. H.J. 789. (on 03/24/2025)
(2 Companion Bills)

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