HSB 156

This bill relates to criminal law including defense subpoenas, depositions, conditional guilty pleas, prosecution witnesses who are minors, and juror qualifications. DIVISION I —— DEFENSE SUBPOENAS. The bill provides that a criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. An application shall not be granted unless a defendant proves by clear and convincing evidence there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s own private information. Notwithstanding any rule of criminal procedure concerning the issuance of a subpoena, the bill provides that this bill provision is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. _____ with the requirements of this bill provision shall not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the bill commits a simple misdemeanor. An application for a defense subpoena shall not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within hours of obtaining the documents or evidence. The bill provides that upon application by a crime victim or the prosecuting attorney, the court shall appoint an attorney to represent a person or entity served with a defense subpoena, if the person or entity is indigent. The bill provides that an applicant for postconviction relief shall not be entitled to relief on a claim of ineffective assistance of counsel as a result of evidence obtained through a defense subpoena. DIVISION II —— DEPOSITIONS. The bill provides that a person who has the expectation of being made a party to a criminal prosecution shall not be entitled to conduct a deposition prior to the person being indicted for a criminal offense. DIVISION III —— CONDITIONAL GUILTY PLEAS. The bill provides that a conditional guilty plea that purports to reserve an issue for appeal may only be entered with the consent of the prosecuting attorney and the attorney general. An appellate court shall have jurisdiction only over conditional guilty pleas that comply with this provision in the bill and when appellate adjudication of the reserved issue is in the interest of justice. DIVISION IV —— PROSECUTION WITNESSES —— MINORS. _____ minor. DIVISION V —— JUROR QUALIFICATIONS. The bill provides that a person is disqualified from jury service if the person has been convicted of a felony and remains under the supervision of the department of corrections, a judicial district department of correctional services, or the board of parole, or if the person has been convicted of a felony which requires registration as a sex offender under Code chapter 692A or to serve a special sentence under Code chapter 903B. The bill makes conforming Code changes. DIVISION VI —— SUPREME COURT —— RULES OF CRIMINAL PROCEDURE REVISIONS. The bill requires the supreme court to revise the rules of criminal procedure submitted for legislative council review on October 14, 2022, to comply with the bill. The revised rules shall be submitted for legislative council review no later than June 1, 2023, and shall supercede the revised rules submitted on October 14, 2022. If the supreme court fails to timely submit rules of criminal procedure revised to comply with the bill for legislative council review on October 14, 2022, the submitted rules shall be rejected in their entirety. The division is effective upon enactment.