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, disclosure of information that might identify an individual who submitted a tip anonymously is prohibited, and all tips lacking the full name of the individual will be considered anonymous. Prosecutors are allowed to disclose identifying information only if required by constitutional, legal, or ethical duties, and they must make reasonable efforts to prevent disclosure otherwise. Additionally, no records maintained by these programs that could identify an anonymous tipster will be subject to compulsory production unless a motion is filed in the appropriate superior court that establishes good cause for disclosure. The bill also introduces specific requirements for the retention of tip materials. Programs must retain written tip materials until at least the first anniversary of either the expiration of all appeals and postconviction relief matters in a criminal proceeding or the exhaustion of a plaintiff's appeal rights in a civil proceeding. Furthermore, the burden of proving good cause for disclosure lies with the party filing the motion, and the court must authorize a subpoena for obtaining the information if the motion is granted. Overall, these changes aim to enhance the protection of anonymity for individuals providing tips while allowing for limited exceptions under specific circumstances.

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