Connecticut 2019 Regular Session

Connecticut Senate Bill SB00653 Compare Versions

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7	7		General Assembly Committee Bill No. 653
8	8		January Session, 2019
9	9		LCO No. 6345
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12	12		Referred to Committee on JUDICIARY
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14	14
15	15		Introduced by:
16	16		(JUD)
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20	20		AN ACT CONCERNING OPEN FILE DISCLOSURE IN CRIMINAL
21	21		CASES.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 54-86a of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective January 1, 2020): 2
27	27		[(a) Upon motion of a defendant at any time after the filing of the 3
28	28		indictment or information, and upon a showing that the items sought 4
29	29		may be material to the preparation of his defense and that the request 5
30	30		is reasonable, the court shall order the attorney for the state to permit 6
31	31		the defendant to inspect and copy or photograph any relevant (1) 7
32	32		written or recorded statements, admissions or confessions made by the 8
33	33		defendant; (2) books, papers, documents or tangible objects obtained 9
34	34		from or belonging to the defendant or obtained from others by seizure 10
35	35		or process; (3) copies of records of any physical or mental 11
36	36		examinations of the defendant; and (4) records of prior convictions of 12
37	37		the defendant, or copies thereof, within the possession, custody or 13
38	38		control of the state, the existence of which is known to the attorney for 14
39	39		the state or to the defendant. 15 Committee Bill No. 653
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46	46		(b) An order of the court granting relief under subsection (a) of this 16
47	47		section shall specify the time, place and manner of making the 17
48	48		discovery and inspection permitted and may prescribe such terms and 18
49	49		conditions as are just. 19
50	50		(c) A motion under subsection (a) of this section may be made only 20
51	51		in a criminal case and shall include all relief sought under subsection 21
52	52		(a) of this section. A subsequent motion may be made only upon a 22
53	53		showing of cause why such motion would be in the interest of justice.] 23
54	54		[(d)] (a) Prior to the arraignment of any arrested person before the 24
55	55		court to determine the existence of probable cause to believe such 25
56	56		person committed the offense charged or to determine the conditions 26
57	57		of such person's release pursuant to section 54-64a, the [attorney for 27
58	58		the state] prosecutorial official shall provide the arrested person or his 28
59	59		or her counsel with a copy of any affidavit or report submitted to the 29
60	60		court for the purpose of making such determination; except that the 30
61	61		court may, upon motion of the [attorney for the state] prosecutorial 31
62	62		official and for good cause shown, limit the disclosure of any such 32
63	63		affidavit or report, or portion thereof. 33
64	64		(b) Upon written request by a defendant filed in accordance with 34
65	65		section 41-5 of the Connecticut Practice Book, as amended from time to 35
66	66		time, and without requiring any order of the court, the prosecutorial 36
67	67		official, subject to section 40-40 et seq. of the Connecticut Practice Book, 37
68	68		as amended from time to time, shall promptly, but no later than forty-38
69	69		five days from the filing of such request, unless such time is extended 39
70	70		by the court for good cause shown, disclose in writing the existence of, 40
71	71		provide photocopies of, and allow the defendant in accordance with 41
72	72		section 40-7 of the Connecticut Practice Book, as amended from time to 42
73	73		time, to inspect, copy, photograph and have reasonable tests made on 43
74	74		any of the following items that are within the possession, custody or 44
75	75		control of the prosecutorial official, the state or any agent of the state, 45
76	76		including a person under contract with the state: (1) Relevant police or 46
77	77		uniform arrest reports, including all recorded statements, whether oral 47
78	78		or written, of all witnesses; (2) relevant books, papers, documents, 48 Committee Bill No. 653
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85	85		photographs or other tangible materials; (3) relevant recorded 49
86	86		statements, whether oral or written, admissions or confessions made 50
87	87		by the defendant; (4) relevant records or copies of such records of any 51
88	88		prior conviction of the defendant or any witness; (5) any warrant 52
89	89		executed for the arrest of the defendant for the offense charged, and 53
90	90		any search and seizure warrants issued in connection with the 54
91	91		investigation of the offense charged; and (6) exculpatory information 55
92	92		and material with respect to the defendant. Upon request from a 56
93	93		defendant, the prosecutorial official shall provide such information 57
94	94		and material in the same electronic format and file type, if any, in 58
95	95		which the state maintains such information and material. 59
96	96		(c) As soon as practicable, but not later than thirty-five days before 60
97	97		the start of a trial in a criminal case, except that the court may, upon 61
98	98		motion of the defendant or prosecutorial official and for good cause 62
99	99		shown, adjust such period of time, the prosecutorial official shall 63
100	100		obtain and disclose to the attorney for the defendant the following 64
101	101		information and material not required to be disclosed under 65
102	102		subsection (b) of this section and that is within the possession, custody 66
103	103		or control of the prosecutorial official, the state or any agent of the 67
104	104		state, including a person under contract with the state: (1) Reports or 68
105	105		statements of experts made in connection with the particular case, 69
106	106		including results of physical or mental examinations and of scientific 70
107	107		tests, experiments or comparisons; (2) tapes and transcripts of any 71
108	108		electronic surveillance of conversations involving the defendant, any 72
109	109		codefendant or witness in the case; (3) a summary of any unwritten or 73
110	110		unrecorded admissions or confessions made by the defendant, or any 74
111	111		codefendant; and (4) copies of relevant records of any physical or 75
112	112		mental examinations of the defendant. Upon request from th e 76
113	113		defendant, the prosecutorial official shall provide any such 77
114	114		information or material in the same electronic format and file type, if 78
115	115		any, in which the state maintains such information or material. If prior 79
116	116		to or during trial, the prosecutorial official discovers additional 80
117	117		information or material that must be disclosed to the defendant under 81
118	118		this subsection, the prosecutorial official shall immediately disclose 82 Committee Bill No. 653
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125	125		such information or material. 83
126	126		(d) In the case of a defendant charged with a class A, B or C felony, 84
127	127		before (1) the court accepts a plea of guilty or nolo contendere, (2) the 85
128	128		court requires a defendant to accept or reject a plea agreement, the 86
129	129		rejection of which would cause the case to go to trial, or (3) trial, the 87
130	130		defendant and the prosecutorial official shall acknowledge, in writing 88
131	131		or otherwise on the record in open court, the disclosure of all 89
132	132		information or material provided to the defendant under this section. 90
133	133		(e) The prosecutorial official shall provide to the defendant an 91
134	134		itemized list of information or material disclosed pursuant to this 92
135	135		section. The listing of such information or material shall be in the order 93
136	136		in which the prosecutorial official disclosed such information or 94
137	137		material. The defendant shall acknowledge receipt of any such list on 95
138	138		the record. 96
139	139		(f) A party may object to any requirement to disclose under this 97
140	140		section and the court shall evaluate and make a determination 98
141	141		concerning such objection in the same manner as provided in section 99
142	142		40-8 of the Connecticut Practice Book, as amended from time to time. 100
143	143		Sec. 2. Section 54-86b of the general statutes is repealed and the 101
144	144		following is substituted in lieu thereof (Effective January 1, 2020): 102
145	145		[(a) In any criminal prosecution, after a witness called by the 103
146	146		prosecution has testified on direct examination, the court shall on 104
147	147		motion of the defendant order the prosecution to produce any 105
148	148		statement oral or written of the witness in the possession of the 106
149	149		prosecution which relates to the subject matter as to which the witness 107
150	150		has testified, and the court shall order said statement to be delivered 108
151	151		directly to the defendant for his examination and use.] 109
152	152		(a) In any criminal prosecution, except as provided in sections 54-110
153	153		86d and 54-86e, not later than the thirtieth day before the date that jury 111
154	154		selection is scheduled to begin or in the case of a trial without a jury, or 112
155	155		not later than the thirtieth day before the date that presentation of 113 Committee Bill No. 653
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162	162		evidence is scheduled to begin, the defendant or the attorney for the 114
163	163		defendant or prosecutorial official may request that the other party 115
164	164		disclose the name and address of any person the party receiving such 116
165	165		request may use as a witness at trial to present evidence. Such 117
166	166		disclosure shall be made in writing not later than the tenth day after 118
167	167		receiving such request and subject to the provisions of section 40-10 of 119
168	168		the Connecticut Practice Book, as amended from time to time. On 120
169	169		motion of a party and after notice from the moving party to the other 121
170	170		parties, the court may order an earlier date on which one or more of 122
171	171		the other parties must disclose such requested information. 123
172	172		(b) If the [prosecution fails to comply with the order of the court] 124
173	173		defendant or the attorney for the defendant or the prosecutorial official 125
174	174		fails to comply with the provisions of subsection (a) of this section, the 126
175	175		court [shall] may strike from the record the testimony of the witness 127
176	176		and the trial shall proceed unless the court in its discretion shall 128
177	177		determine that the interests of justice require that a mistrial be 129
178	178		declared. 130
179	179		Sec. 3. Section 54-86c of the general statutes is repealed and the 131
180	180		following is substituted in lieu thereof (Effective January 1, 2020): 132
181	181		[(a) Not later than thirty days after any defendant enters a plea of 133
182	182		not guilty in a criminal case, the state's attorney, assistant state's 134
183	183		attorney or deputy assistant state's attorney in charge of the case shall 135
184	184		disclose any exculpatory information or material which he may have 136
185	185		with respect to the defendant whether or not a request has been made 137
186	186		therefor. If prior to or during the trial of the case, the prosecutorial 138
187	187		official discovers additional information or material which is 139
188	188		exculpatory, he shall promptly disclose the information or material to 140
189	189		the defendant. 141
190	190		(b) Any state's attorney, assistant state's attorney or deputy assistant 142
191	191		state's attorney may request an ex parte in camera hearing before a 143
192	192		judge, who shall not be the same judge who presides at the hearing of 144
193	193		the criminal case if the case is tried to the court, to determine whether 145 Committee Bill No. 653
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200	200		any material or information is exculpatory.] 146
201	201		[(c)] Each peace officer, as defined in subdivision (9) of section 53a-147
202	202		3, shall disclose in writing any exculpatory information or material 148
203	203		which [he] such peace officer may have with respect to any criminal 149
204	204		investigation to the prosecutorial official in charge of [such case] any 150
205	205		criminal case for which such peace officer knows or should know such 151
206	206		investigation is relevant. Not later than thirty-five days prior to the 152
207	207		start of trial, the prosecutorial official shall represent to the defendant 153
208	208		and the court that such prosecutorial official has inquired of each 154
209	209		peace officer in the case whether such peace officer has made the 155
210	210		prosecutorial official aware of all such information or material and that 156
211	211		all such information or material has been disclosed to the defendant. 157
212	212		Sec. 4. Subsection (b) of section 54-86k of the general statutes is 158
213	213		repealed and the following is substituted in lieu thereof (Effective 159
214	214		January 1, 2020): 160
215	215		(b) If the results of the DNA analysis tend to exculpate the accused, 161
216	216		the prosecuting authority shall disclose such exculpatory information 162
217	217		or material to the accused in accordance with section [54-86c] 54-86a, 163
218	218		as amended by this act. 164
219	219		Sec. 5. (NEW) (Effective January 1, 2020) (a) Notwithstanding the 165
220	220		provisions of sections 54-86a to 54-86c, inclusive, of the general 166
221	221		statutes, as amended by this act, any disclosure of information or 167
222	222		material made by a prosecutorial official or a defendant pursuant to 168
223	223		said sections may be limited in the same manner as provided in 169
224	224		sections 40-14 and 40-31 of the Connecticut Practice Book, as amended 170
225	225		from time to time. 171
226	226		(b) Notwithstanding the provisions of sections 54-86a to 54-86c, 172
227	227		inclusive, of the general statutes, as amended by this act, a party to a 173
228	228		criminal case may move for a protective order to prevent the 174
229	229		disclosure of certain information or material in accordance with the 175
230	230		provisions of 40-40 to 40-43, inclusive, of the Connecticut Practice 176 Committee Bill No. 653
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237	237		Book, as amended from time to time, in which case the court may issue 177
238	238		an order in the same manner and form as provided in said sections of 178
239	239		the Connecticut Practice Book. 179
240	240		(c) Upon motion of a party, the court may find that an opposing 180
241	241		party failed to comply with disclosure requirements under the 181
242	242		provisions of sections 54-86a to 54-86c, inclusive, of the general 182
243	243		statutes, as amended by this act, in which case the court may issue an 183
244	244		order in the same manner and form as provided in section 40-5 of the 184
245	245		Connecticut Practice Book, as amended from time to time. 185
246	246		(d) Unless the court orders otherwise for good cause, if a party to a 186
247	247		criminal case intends to perform a scientific test or experiment on any 187
248	248		material subject to disclosure under the provisions of sections 54-86a to 188
249	249		54-86c, inclusive, of the general statutes, as amended by this act, and 189
250	250		such test or experiment may preclude or impair any further tests or 190
251	251		experiments on such material, such party shall give reasonable notice 191
252	252		and opportunity to be present to any other party to the criminal case 192
253	253		and any other person known to have or believed to have an interest in 193
254	254		the matter, unless the court orders otherwise for good cause. Such 194
255	255		other party or other person may have an expert observe or participate 195
256	256		in the test or experiment. 196
257	257		This act shall take effect as follows and shall amend the following
258	258		sections:
259	259
260	260		Section 1 January 1, 2020 54-86a
261	261		Sec. 2 January 1, 2020 54-86b
262	262		Sec. 3 January 1, 2020 54-86c
263	263		Sec. 4 January 1, 2020 54-86k(b)
264	264		Sec. 5 January 1, 2020 New section
265	265
266	266		JUD Joint Favorable
267		-	APP Joint Favorable
268	267