The proposed bill would amend current statutes regarding the confidentiality of information related to anonymous tips submitted to silent witness programs. Under the new provisions, it would be prohibited to disclose any information that could identify an individual who submitted a tip anonymously, with the stipulation that all tips lacking the full name of the individual would be considered anonymous. Prosecutors would still be allowed to disclose identifying information if required by constitutional, legal, or ethical duties, and they would be required to take reasonable steps to protect the anonymity of tipsters when disclosure is not mandated.

Additionally, the bill introduces specific procedures for the disclosure of tip information through the court system. It establishes that no records maintained by silent witness programs that could identify anonymous tipsters would be subject to compulsory production unless a motion is filed in the appropriate superior court that demonstrates good cause for disclosure. The burden of proof for establishing good cause would rest on the party filing the motion. Furthermore, the bill mandates that tip materials must be retained until at least the first anniversary of either the expiration of all appeals in a criminal proceeding or the exhaustion of appeal rights in a civil proceeding, thereby enhancing the protection of anonymity for individuals who report criminal activity.

Statutes affected:
Introduced Version: 12-2312
House Engrossed Version: 12-2312
Senate Engrossed Version: 12-2312