Bill > SB1566

This bill modifies provisions related to criminal informants, defining "benefit" as any form of leniency, reward, or consideration offered in exchange for testimony, and clarifying that an "informant" is a witness providing testimony about another person's alleged self-incriminating statements or activities, who is either incarcerated with the suspect, in law enforcement custody, or testifying for a benefit, but excluding victims. Beginning January 1, 2026, prosecuting attorneys must report informant information to the Missouri office of prosecution services. The bill mandates that if a prosecuting attorney endorses a witness as an informant in a felony or misdemeanor case, specific information must be disclosed to all attorneys of record within fourteen days, including the informant's identity, testimony substance, complete criminal history, any cooperation agreements or benefits offered, details of statements made by the defendant to the informant, any recantations, and information about other cases where the informant testified for benefits, along with all written communications with informants. Furthermore, all communications by law enforcement or prosecution personnel with informants via phone or in person must be recorded by video or audio and made available to the defense. The bill also requires courts to conduct pretrial hearings upon a defendant's motion to determine the reliability of an informant's testimony based on various factors, and if the prosecuting attorney fails to prove reliability by a preponderance of the evidence, the testimony will be excluded. When an informant's testimony is used at trial, jurors will be instructed to scrutinize it more closely, considering factors like benefits, criminal history, and recantations. Failure by a prosecuting attorney to provide required information will be considered a due process violation, entitling the defendant to a new trial or vacation of conviction, and allowing for civil action for compensation without the harmless error rule applying. Finally, if an informant is found to have testified falsely, the prosecuting attorney may prosecute them for perjury.

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https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=992593