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2020 SESSION

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HB 824 Criminal cases; ex parte requests for expert assistance.

Introduced by: Patrick A. Hope | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Ex parte requests for expert assistance in criminal cases. Provides that in any case in which a defendant is charged with a felony offense or a Class 1 misdemeanor and determined to be indigent by the court, the defendant or his attorney, upon notice to the Commonwealth, may move the court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the defense. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court is required to conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court is required to authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and that the denial of such services would result in a fundamentally unfair trial.

Under current law, in a capital case, a defendant or his attorney is required to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court holds an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial. There is no such procedure to appoint a qualified expert in noncapital cases.

SUMMARY AS PASSED HOUSE:

Ex parte requests for expert assistance in criminal cases. Provides that in any case before a circuit court in which a defendant is charged with a jailable offense and determined to be indigent by the court, the defendant or his attorney, upon notice to the Commonwealth, may move the court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the defense. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court is required to conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court is required to authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and the denial of such services would result in a fundamentally unfair trial.

Under current law, in a capital case, a defendant or his attorney is required to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court holds an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial. There is no such procedure to appoint a qualified expert in noncapital cases.

SUMMARY AS INTRODUCED:

Ex parte requests for expert assistance in criminal cases. Provides that a defendant or his attorney, when such defendant is charged with a criminal offense and is financially unable to pay for expert assistance, may move a court to conduct an ex parte hearing on a request for such assistance. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court shall conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain expert assistance upon a showing that the requested assistance would materially assist the defendant and is necessary in order to guarantee an adequate defense.

Under current law, in a capital case, a defendant or his attorney is required to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court holds an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial. There is no such procedure to appoint a qualified expert in noncapital cases.