KS
Kansas House Bill HB2293

Kansas 2023-2024 Regular Session

Kansas House Bill HB2293 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2293
33 By Committee on Judiciary
44 2-6
55 AN ACT concerning crimes, punishment and criminal procedure; relating
66 to jailhouse witness testimony; requiring prosecutors to disclose their
77 intent to introduce testimony from a jailhouse witness and to forward
88 related information to the Kansas bureau of investigation.
99 WHEREAS, The provisions of this act shall be known as the Pete
1010 Coones memorial act.
1111 Now, therefore:
1212 Be it enacted by the Legislature of the State of Kansas:
1313 Section 1. (a) (1) In any criminal prosecution, the prosecuting
1414 attorney shall disclose its intent to introduce testimony of a jailhouse
1515 witness regarding statements made by a suspect or defendant while such
1616 witness and suspect or defendant were both incarcerated within the time
1717 provided by K.S.A. 22-3212, and amendments thereto. The prosecuting
1818 attorney shall provide to the defense:
1919 (A) The criminal history of the jailhouse witness, including any
2020 pending or dismissed criminal charges;
2121 (B) the jailhouse witness's cooperation agreement and any benefit that
2222 has been requested by, provided to or will be provided in the future to the
2323 jailhouse witness;
2424 (C) the contents of any statement allegedly given by the suspect or
2525 defendant to the jailhouse witness and the contents of any statement given
2626 by the jailhouse witness to law enforcement regarding the statements
2727 allegedly made by the suspect or defendant, including the time and place
2828 such statements were given;
2929 (D) any information regarding the jailhouse witness recanting
3030 testimony or statements, including the time and place of the recantation,
3131 the nature of the recantation and the names of the people present at the
3232 recantation; and
3333 (E) any information concerning other criminal cases in which the
3434 testimony of the jailhouse witness was introduced or was intended to be
3535 introduced by a prosecuting attorney regarding statements made by a
3636 suspect or defendant, including any cooperation agreement and any benefit
3737 that the jailhouse witness received in such case.
3838 (2) The court may permit the prosecuting attorney to comply with the
3939 provisions of this section after the time period provided in paragraph (1) if
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7676 the court finds that the jailhouse witness was not known or the information
7777 described in paragraph (1) could not be discovered or obtained by the
7878 prosecuting attorney exercising due diligence within such time period.
7979 (3) If the court finds that disclosing the information described in
8080 paragraph (1) is likely to cause bodily harm to the jailhouse witness, the
8181 court may:
8282 (A) Order that such evidence be viewed only by the defense counsel
8383 and not by the defendant or others; and
8484 (B) issue a protective order.
8585 (b) (1) In a criminal prosecution for any murder or rape, as defined in
8686 K.S.A. 21-3502, prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and
8787 amendments thereto, in which the prosecuting attorney intends to
8888 introduce the testimony of a jailhouse witness, upon motion of the
8989 defendant, the court shall conduct a pre-trial hearing to determine whether
9090 the jailhouse witness's testimony exhibits reliability and is admissible
9191 based on the following factors:
9292 (A) The extent to which the jailhouse witness's testimony is
9393 confirmed by other evidence;
9494 (B) the specificity of the testimony;
9595 (C) the extent to which the testimony contains details that would be
9696 known only by the perpetrator of the offense;
9797 (D) the extent to which the details of the testimony could be obtained
9898 from a source other than the suspect or defendant; and
9999 (E) the circumstances under which the jailhouse witness provided the
100100 information to the prosecuting attorney or a law enforcement officer,
101101 including, but not limited to, whether the jailhouse witness was responding
102102 to leading questions.
103103 (2) If the prosecuting attorney fails to show by a preponderance of the
104104 evidence that a jailhouse witness's testimony is reliable, the court shall
105105 exclude the testimony at trial.
106106 (c) (1) Each prosecuting attorney's office shall maintain a central
107107 record containing information regarding:
108108 (A) Any case in which testimony by a jailhouse witness is introduced
109109 or is intended to be introduced by a prosecuting attorney regarding
110110 statements made by a suspect or defendant and the substance of such
111111 testimony; and
112112 (B) any benefit that has been requested by, provided to or will be
113113 provided in the future to a jailhouse witness in connection with testimony
114114 provided by such witness.
115115 (2) Each prosecuting attorney's office shall forward the information
116116 described in paragraph (1) to the Kansas bureau of investigation. The
117117 bureau shall maintain a statewide database containing the information
118118 forwarded pursuant to this section. Such database shall be accessible only
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162162 to prosecuting attorneys and shall otherwise remain confidential and not
163163 subject to the open records act, K.S.A. 45-215 et seq., and amendments
164164 thereto. The provision regarding confidentiality shall expire on July 1,
165165 2028, unless the legislature reviews and acts to continue such provision
166166 pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2028.
167167 (d) If a jailhouse witness receives any benefit in connection with
168168 offering or providing testimony against a defendant, the prosecuting
169169 attorney shall notify any victim connected to the criminal prosecution.
170170 (e) If the testimony of a jailhouse witness is admitted into evidence,
171171 the jury shall be instructed that such testimony was provided by a jailhouse
172172 witness and informed of any benefit that has been requested by, provided
173173 to or will be provided in the future to the jailhouse witness in connection
174174 with providing such testimony.
175175 (f) As used in this section:
176176 (1) "Benefit" means any plea bargain, bail consideration, reduction or
177177 modification of sentence, or any other leniency, immunity, financial
178178 payment, reward or amelioration of current or future conditions of
179179 sentence that is requested, provided or will be provided in the future in
180180 connection with, or in exchange for, testimony of a jailhouse witness.
181181 (2) "Jailhouse witness" means a person who provides testimony, or is
182182 intended to provide testimony during a criminal prosecution regarding
183183 statements made by a suspect or defendant while both the witness and the
184184 suspect or defendant were incarcerated, and who has requested, has been
185185 offered or may in the future receive a benefit in connection with such
186186 testimony. "Jailhouse witness" does not mean a person who is a
187187 confidential informant, an accomplice or a co-defendant.
188188 (g) This section shall be a part of and supplemental to the Kansas
189189 code of criminal procedure.
190190 Sec. 2. This act shall take effect and be in force from and after its
191191 publication in the statute book.
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