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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 | history

SUMMARY AS PASSED SENATE:

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.

SUMMARY AS INTRODUCED:

Ex parte requests for investigative services or expert assistance in noncapital cases. Allows a defendant or his attorney, when such defendant is charged with a noncapital offense and is financially unable to pay for investigative services or expert assistance, to move a court to conduct an ex parte hearing on a request for such services or assistance. For a motion for investigative services, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists regarding the request for investigative services and, after a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain investigative services upon a showing that the requested services would materially assist the defendant and are necessary in order to guarantee an adequate defense and that the lack of such confidential services would result in a fundamentally unfair trial. For a motion for expert assistance, the bill requires a defendant or his attorney 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 shall hold 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.