Relating to postconviction access to a defendant’s file in the possession of a law enforcement agency, county attorney, the attorney general in this state, and the defendant’s previous trial or appellate attorney

This bill relates to postconviction access to a defendant’s file in the possession of a law enforcement agency, county attorney, the attorney general in this state, and the defendant’s previous trial or appellate attorney. The bill provides that the prosecuting attorney, to the extent allowed by law, shall make available to a defendant, who has been convicted of a felony or an aggravated misdemeanor, the file in the possession of any law enforcement agency, county attorney, or the attorney general in this state involved in the investigation of the public offenses committed by the defendant or the prosecution of the defendant which the defendant was entitled to at the time of the defendant’s trial. If the prosecuting attorney has a reasonable belief that allowing inspection of any portion of the file by the attorney for the defendant would place a person in imminent danger, the prosecuting attorney may submit any portion of the file identified for inspection by the court. If upon examination the court finds that the submitted portion of the file would not assist the defendant in investigating, preparing, or presenting a motion for appropriate relief, the court in its discretion may allow the prosecutor to withhold that portion of the file. The bill provides that in all criminal matters involving a conviction for a felony or aggravated misdemeanor, a defendant’s trial or appellate attorney shall retain a copy of the defendant’s file for the term of the defendant’s imprisonment and shall make available to the defendant or the defendant’s current attorney the complete file relating to the prosecution of the defendant. The bill provides that the defendant, the defendant’s attorney, investigator, expert, consulting legal counsel, or other agent of the attorney representing the defendant shall not disclose to a third party any file received from the prosecuting attorney that is prohibited from public disclosure unless a court orders the disclosure of the materials of such file upon a showing of good cause after notice and a hearing to consider the security and privacy interests of a victim or witness, or the file has already been publicly disclosed. The actual costs involved in the examination or copying of any file disclosed shall be reimbursed by the defendant. The bill does not require the retention of any file not otherwise required by law or court order. The bill defines “file” as papers, documents, statements, photographs, or tangible objects in the possession, custody, or control of the state including any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with a particular case.