Connecticut 2020 Regular Session

Connecticut Senate Bill SB00402 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2473 1 of 3
4	4
5	5	General Assembly Raised Bill No. 402
6	6	February Session, 2020
7	7	LCO No. 2473
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
18	18
19	19	AN ACT CONCERNING TH E DISCLOSURE OF EVIDENCE TO A
20	20	DEFENDANT IN A CRIMINAL CASE.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 54-86c of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2020): 2
26	26	(a) Not later than thirty days after any defendant enters a plea of not 3
27	27	guilty in a criminal case and in accordance with subsection (d) of this 4
28	28	section, if applicable, the state's attorney, assistant state's attorney or 5
29	29	deputy assistant state's attorney in charge of the case shall disclose any 6
30	30	exculpatory information or material which he or she may have with 7
31	31	respect to the defendant whether or not a request has been made 8
32	32	therefor. If prior to or during the trial of the case, the prosecutorial 9
33	33	official discovers additional information or material which is 10
34	34	exculpatory, he or she shall promptly disclose the information or 11
35	35	material to the defendant. 12
36	36	(b) Any state's attorney, assistant state's attorney or deputy assistant 13
37	37	state's attorney may request an ex parte in camera hearing before a 14
38	38	judge, who shall not be the same judge who presides at the hearing of 15 Raised Bill No. 402
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40	40
41	41
42	42	LCO No. 2473 2 of 3
43	43
44	44	the criminal case if the case is tried to the court, to determine whether 16
45	45	any material or information is exculpatory. 17
46	46	(c) Each peace officer, as defined in subdivision (9) of section 53a-3, 18
47	47	shall disclose in writing any [exculpatory] information or material 19
48	48	which he or she may have with respect to any criminal investigation, 20
49	49	including police or uniform arrest reports, all recorded statements, 21
50	50	whether oral or written, of all witnesses and codefendants, investigating 22
51	51	officers' notes, the results of tests and examinations and any other 23
52	52	evidence obtained during the criminal investigation to the prosecutorial 24
53	53	official in charge of such case. The head of the law enforcement agency 25
54	54	or political subdivision of the state employing a peace officer involved 26
55	55	in a criminal investigation shall provide in a timely manner to the 27
56	56	prosecutorial official in charge of the case: (1) An itemized list of all 28
57	57	information or material that has been disclosed pursuant to this section, 29
58	58	and (2) a written acknowledgment that, to the best of the head of such 30
59	59	agency's or political subdivision's knowledge and after reasonable 31
60	60	inquiry, each peace officer employed by such agency or political 32
61	61	subdivision has disclosed all information or material that he or she may 33
62	62	have with respect to the criminal investigation. If prior to or during the 34
63	63	trial of the case, a peace officer discovers additional information or 35
64	64	material related to the case, he or she shall promptly disclose the 36
65	65	information or material to the prosecutorial official in charge of such 37
66	66	case. 38
67	67	(d) In the case of any defendant charged with a felony offense who is 39
68	68	offered a plea agreement by a prosecutorial official, the prosecutorial 40
69	69	official shall, prior to any deadline for the defendant to accept or reject 41
70	70	such offer, provide the defendant with all available information or 42
71	71	material that would be discoverable prior to a trial, unless the defendant 43
72	72	has waived his or her right to such information or material. 44
73	73	This act shall take effect as follows and shall amend the following
74	74	sections:
75	75
76	76	Section 1 October 1, 2020 54-86c
77	77	Raised Bill No. 402
78	78
79	79
80	80
81	81	LCO No. 2473 3 of 3
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83	83	Statement of Purpose:
84	84	To ensure that evidence is disclosed to a defendant in a criminal case in
85	85	a timely manner.
86	86	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
87	87	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
88	88	underlined.]
89	89