Session of 2023
HOUSE BILL No. 2293
By Committee on Judiciary
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AN ACT concerning crimes, punishment and criminal procedure; relating
to jailhouse witness testimony; requiring prosecutors to disclose their
intent to introduce testimony from a jailhouse witness and to forward
related information to the Kansas bureau of investigation.
WHEREAS, The provisions of this act shall be known as the Pete
Coones memorial act.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) (1) In any criminal prosecution, the prosecuting
attorney shall disclose its intent to introduce testimony of a jailhouse
witness regarding statements made by a suspect or defendant while such
witness and suspect or defendant were both incarcerated within the time
provided by K.S.A. 22-3212, and amendments thereto. The prosecuting
attorney shall provide to the defense:
(A) The criminal history of the jailhouse witness, including any
pending or dismissed criminal charges;
(B) the jailhouse witness's cooperation agreement and any benefit that
has been requested by, provided to or will be provided in the future to the
jailhouse witness;
(C) the contents of any statement allegedly given by the suspect or
defendant to the jailhouse witness and the contents of any statement given
by the jailhouse witness to law enforcement regarding the statements
allegedly made by the suspect or defendant, including the time and place
such statements were given;
(D) any information regarding the jailhouse witness recanting
testimony or statements, including the time and place of the recantation,
the nature of the recantation and the names of the people present at the
recantation; and
(E) any information concerning other criminal cases in which the
testimony of the jailhouse witness was introduced or was intended to be
introduced by a prosecuting attorney regarding statements made by a
suspect or defendant, including any cooperation agreement and any benefit
that the jailhouse witness received in such case.
(2) The court may permit the prosecuting attorney to comply with the
provisions of this section after the time period provided in paragraph (1) if
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the court finds that the jailhouse witness was not known or the information
described in paragraph (1) could not be discovered or obtained by the
prosecuting attorney exercising due diligence within such time period.
(3) If the court finds that disclosing the information described in
paragraph (1) is likely to cause bodily harm to the jailhouse witness, the
court may:
(A) Order that such evidence be viewed only by the defense counsel
and not by the defendant or others; and
(B) issue a protective order.
(b) (1) In a criminal prosecution for any murder or rape, as defined in
K.S.A. 21-3502, prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and
amendments thereto, in which the prosecuting attorney intends to
introduce the testimony of a jailhouse witness, upon motion of the
defendant, the court shall conduct a pre-trial hearing to determine whether
the jailhouse witness's testimony exhibits reliability and is admissible
based on the following factors:
(A) The extent to which the jailhouse witness's testimony is
confirmed by other evidence;
(B) the specificity of the testimony;
(C) the extent to which the testimony contains details that would be
known only by the perpetrator of the offense;
(D) the extent to which the details of the testimony could be obtained
from a source other than the suspect or defendant; and
(E) the circumstances under which the jailhouse witness provided the
information to the prosecuting attorney or a law enforcement officer,
including, but not limited to, whether the jailhouse witness was responding
to leading questions.
(2) If the prosecuting attorney fails to show by a preponderance of the
evidence that a jailhouse witness's testimony is reliable, the court shall
exclude the testimony at trial.
(c) (1) Each prosecuting attorney's office shall maintain a central
record containing information regarding:
(A) Any case in which testimony by a jailhouse witness is introduced
or is intended to be introduced by a prosecuting attorney regarding
statements made by a suspect or defendant and the substance of such
testimony; and
(B) any benefit that has been requested by, provided to or will be
provided in the future to a jailhouse witness in connection with testimony
provided by such witness.
(2) Each prosecuting attorney's office shall forward the information
described in paragraph (1) to the Kansas bureau of investigation. The
bureau shall maintain a statewide database containing the information
forwarded pursuant to this section. Such database shall be accessible only
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to prosecuting attorneys and shall otherwise remain confidential and not
subject to the open records act, K.S.A. 45-215 et seq., and amendments
thereto. The provision regarding confidentiality shall expire on July 1,
2028, unless the legislature reviews and acts to continue such provision
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2028.
(d) If a jailhouse witness receives any benefit in connection with
offering or providing testimony against a defendant, the prosecuting
attorney shall notify any victim connected to the criminal prosecution.
(e) If the testimony of a jailhouse witness is admitted into evidence,
the jury shall be instructed that such testimony was provided by a jailhouse
witness and informed of any benefit that has been requested by, provided
to or will be provided in the future to the jailhouse witness in connection
with providing such testimony.
(f) As used in this section:
(1) "Benefit" means any plea bargain, bail consideration, reduction or
modification of sentence, or any other leniency, immunity, financial
payment, reward or amelioration of current or future conditions of
sentence that is requested, provided or will be provided in the future in
connection with, or in exchange for, testimony of a jailhouse witness.
(2) "Jailhouse witness" means a person who provides testimony, or is
intended to provide testimony during a criminal prosecution regarding
statements made by a suspect or defendant while both the witness and the
suspect or defendant were incarcerated, and who has requested, has been
offered or may in the future receive a benefit in connection with such
testimony. "Jailhouse witness" does not mean a person who is a
confidential informant, an accomplice or a co-defendant.
(g) This section shall be a part of and supplemental to the Kansas
code of criminal procedure.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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