KS
Kansas House Bill HB2293

Kansas 2023-2024 Regular Session

Kansas House Bill HB2293

Introduced
2/6/23  
Refer
2/6/23  
Report Pass
2/21/23  
Engrossed
3/1/23  
Refer
3/2/23  
Report Pass
3/23/23  

Caption

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

Impact

The enactment of HB2293 is expected to reshape aspects of criminal procedure in Kansas by mandating stricter reporting requirements related to jailhouse testimonies. It would require prosecutors to provide details about the jailhouse witness's criminal history, any agreements made regarding their testimony, and any benefits received by the witness that might influence their statements. Additionally, the bill establishes that if a defendant motions for a hearing, the court must assess the reliability of such testimony before allowing it to be admissible in court. This could lead to a significant reduction in unreliable testimonies being presented during trials.

Summary

House Bill 2293 proposes significant changes to the way testimony from jailhouse witnesses is handled in criminal prosecutions in Kansas. Under this bill, prosecutors are required to disclose their intention to utilize testimony from jailhouse witnesses, who provide statements made by suspects or defendants while incarcerated. This legislation aims to promote transparency and ensure that the defense has access to crucial information regarding the credibility and background of jailhouse witnesses. The bill is named in memory of Pete Coones and emphasizes safeguarding defendants' rights through enhanced disclosures by prosecutors.

Contention

The proposed bill has been met with both support and criticism from various stakeholders. Proponents argue that requiring these disclosures is a necessary step to prevent wrongful convictions based on unreliable testimonies, thus enhancing the integrity of the legal process. Conversely, critics may argue that the requirement could complicate the prosecutorial process or disincentivize jailhouse witnesses from coming forward with valuable information that could aid in securing convictions. Overall, the debate continues on the balance between ensuring a fair trial and the practicality of prosecuting cases involving such testimonies.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2131

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

KS SB116

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

KS SB01098

An Act Concerning The Testimony Of Jailhouse Witnesses.

KS SB260

Relating to the disclosure of certain information regarding, and the admissibility and use of testimony by, a witness for the state in a criminal case.

KS HF501

A bill for an act relating to the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case.

KS HSB36

A bill for an act relating to investigative procedure, including the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case.

KS HF657

A bill for an act relating to the preservation of biological evidence collected in relation to a criminal investigation, testimony by an incarcerated witness, and postconviction access to investigative files in a criminal case. (Formerly HF 426.)

KS SB00996

An Act Concerning Revisions To Various Statutes Concerning The Criminal Justice System And Revising Provisions Concerning Jailhouse Witnesses.

KS SB716

In depositions and witnesses, providing for informant testimony.

KS SB369

In depositions and witnesses, providing for informant testimony.

Similar Bills

KS SB116

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

KS HB2131

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

CT SB01098

An Act Concerning The Testimony Of Jailhouse Witnesses.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.

CT SB00996

An Act Concerning Revisions To Various Statutes Concerning The Criminal Justice System And Revising Provisions Concerning Jailhouse Witnesses.

OK HB1672

Criminal procedure; updating language; effective date.

OK HB1563

Criminal procedure; authorizing the issuance of subpoena duces tecum to businesses and commercial entities; codification; effective date.

OK HB2219

Criminal procedure; providing for the disclosure of additional evidence after conviction or guilty plea; effective date.