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2009 SESSION
SB 939 Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.
Introduced by: John C. Watkins | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Provides that an indigent defendant who has been charged with a capital offense may move in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who may hold an ex parte hearing on such a motion and may order the appointment of an expert. Prior to an ex parte proceeding, communication or request, a particularized need for confidentiality must be demonstrated in an adversarial proceeding. A motion for an ex parte hearing shall be in writing and filed under seal and any ex parte hearing conducted shall be on the record and kept under seal as part of the record of the case. The court may unseal the record after the trial is concluded for good cause shown.
FULL TEXT
- 01/07/09 Senate: Prefiled and ordered printed; offered 01/14/09 090276348 pdf
- 02/02/09 Senate: Committee substitute printed 091543348-S1 pdf
HISTORY
- 01/07/09 Senate: Prefiled and ordered printed; offered 01/14/09 090276348
- 01/07/09 Senate: Referred to Committee for Courts of Justice
- 01/13/09 Senate: Assigned Courts sub: Criminal
- 02/02/09 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
- 02/02/09 Senate: Committee substitute printed 091543348-S1
- 02/03/09 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/04/09 Senate: Read second time
- 02/04/09 Senate: Reading of substitute waived
- 02/04/09 Senate: Committee substitute agreed to 091543348-S1
- 02/04/09 Senate: Engrossed by Senate - committee substitute SB939S1
- 02/05/09 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/13/09 House: Placed on Calendar
- 02/13/09 House: Read first time
- 02/13/09 House: Referred to Committee for Courts of Justice
- 02/16/09 House: Assigned Courts sub: Criminal
- 02/24/09 House: Left in Courts of Justice