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2020 SESSION

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SB 806 Criminal cases; ex parte requests for expert assistance.

Introduced by: Joseph D. Morrissey | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Ex parte requests for investigative services or expert assistance in criminal cases. Allows a defendant or his attorney, when such defendant is charged with a felony offense or Class 1 misdemeanor and is financially unable to pay for expert assistance, to move the circuit 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 preparation of the defendant's defense. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The provisions of the bill are contingent on funding in a general appropriation act.


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