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2010 SESSION
SB 248 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 INTRODUCED:
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
- 01/12/10 Senate: Prefiled and ordered printed; offered 01/13/10 10102474D pdf | impact statement
- 03/22/10 Senate: Bill text as passed Senate and House (SB248ER) pdf | impact statement
- 04/21/10 Senate: Reenrolled bill text (SB248ER2) pdf
- 04/21/10 Governor: Acts of Assembly Chapter text (CHAP0789) pdf
AMENDMENTS
HISTORY
- 01/12/10 Senate: Prefiled and ordered printed; offered 01/13/10 10102474D
- 01/12/10 Senate: Referred to Committee for Courts of Justice
- 01/14/10 Senate: Assigned Courts sub: Criminal
- 01/25/10 Senate: Reported from Courts of Justice (13-Y 1-N)
- 01/26/10 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/27/10 Senate: Read second time and engrossed
- 01/28/10 Senate: Read third time and passed Senate (38-Y 1-N)
- 01/28/10 Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
- 01/28/10 Senate: Passed Senate (39-Y 1-N)
- 02/08/10 House: Placed on Calendar
- 02/08/10 House: Read first time
- 02/08/10 House: Referred to Committee for Courts of Justice
- 02/16/10 House: Assigned Courts sub: #1 Criminal
- 03/01/10 House: Subcommittee recommends reporting (5-Y 4-N)
- 03/08/10 House: Reported from Courts of Justice (15-Y 6-N)
- 03/09/10 House: Read second time
- 03/09/10 House: Constitutional reading dispensed (96-Y 0-N)
- 03/09/10 House: VOTE: --- AGREE TO (96-Y 0-N)
- 03/09/10 House: Motion to reconsider constitutional reading dispensed agreed to
- 03/09/10 House: Constitutional reading dispensed (94-Y 0-N)
- 03/09/10 House: VOTE: --- ADOPTION #2 (94-Y 0-N)
- 03/09/10 House: Passed by for the day
- 03/10/10 House: Passed by for the day
- 03/11/10 House: Read third time
- 03/11/10 House: Passed House (78-Y 18-N)
- 03/11/10 House: VOTE: --- PASSAGE (78-Y 18-N)
- 03/22/10 Senate: Enrolled
- 03/22/10 Senate: Bill text as passed Senate and House (SB248ER)
- 03/22/10 House: Signed by Speaker
- 03/25/10 Senate: Signed by President
- 04/13/10 Senate: Governor's recommendation received by Senate
- 04/20/10 Senate: Placed on Calendar
- 04/21/10 Senate: Passed by temporarily
- 04/21/10 Senate: Senate concurred in Governor's recommendation (39-Y 1-N)
- 04/21/10 House: House concurred in Governor's recommendation (74-Y 17-N)
- 04/21/10 House: VOTE: --- ADOPTION (74-Y 17-N)
- 04/21/10 Governor: Governor's recommendation adopted
- 04/21/10 House: Reenrolled
- 04/21/10 Senate: Reenrolled bill text (SB248ER2)
- 04/21/10 House: Signed by Speaker as reenrolled
- 04/21/10 Senate: Signed by President as reenrolled
- 04/21/10 House: Enacted, Chapter 789 (effective 7/1/10)
- 04/21/10 Governor: Acts of Assembly Chapter text (CHAP0789)