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2017 Senate Bill 5038: Concerning disclosures regarding incentivized evidence and testimony
Introduced by Sen. Mike Padden (Spokane Valley) (R) on January 11, 2017
Referred to the Senate Law & Justice Committee on January 11, 2017
Substitute offered in the Senate on January 25, 2017
Requires a prosecutor to give the defendant advance notice and specific detailed information about any potential informant testimony. ? Requires the prosecutor's disclosure before the informant's testimony or statements are offered in evidence. ? Directs the prosecutor to provide the required disclosures as soon as possible but no later than the earlier of either the omnibus pretrial hearing or 14 days prior to offering informant testimony in evidence. ? Defines informant, benefit, and statement for purposes of the prosecutor's required disclosures. ?Authorizes court-ordered remedies for the defendant and may order sanctions for a prosecutor who willfully fails a timely disclosure..
Referred to the Senate Rules Committee on January 26, 2017
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on February 28, 2017
Excludes expenses from the definition of "benefit" that are typically paid to facilitate a witness's presence in court. Directs the prosecutor to provide information and material that is obtained through: Communication with the informant, review of internal material and information in the prosecutor's office, and the prosecutor's request for materials and information from the jurisdictions where the informant has a criminal record or pending charges.
The amendment passed by voice vote in the Senate on February 28, 2017
Received in the House on March 2, 2017
Referred to the House Judiciary Committee on March 2, 2017
Referred to the House Rules Committee on April 7, 2017
Received in the Senate on May 23, 2017
Referred to the Senate Rules Committee on June 13, 2017