This bill amends existing law regarding the issuance of defense subpoenas in criminal cases. It establishes that a criminal defendant or their counsel must apply to the court to issue any subpoena for documents or evidence. The application will only be granted if the defendant demonstrates a compelling need for the evidence, proving that it is material, necessary, exculpatory, and admissible at trial, while also ensuring that the evidence does not include private information of crime victims or others, except for the defendant's own private information. The bill also specifies that the procedure outlined within it is the exclusive method for issuing subpoenas, and any documents obtained that do not comply with these requirements will be inadmissible in court.

Additionally, the bill mandates that any documents or evidence obtained through a defense subpoena must be shared with the prosecuting attorney within five business days. It prohibits ex parte applications for subpoenas and allows for the appointment of an attorney to represent indigent individuals served with a subpoena. Furthermore, it states that claims of ineffective assistance of counsel based on evidence obtained through a defense subpoena will not be grounds for postconviction relief if the evidence was required to be disclosed under this new law.

Statutes affected:
Introduced: 815.9