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, and the application will only be granted if the defendant demonstrates a compelling need for the evidence, which must be material, necessary, exculpatory, and admissible at trial. The bill also specifies that the evidence sought cannot include private information of a crime victim or any other individual, except for the defendant's own private information. Additionally, it outlines that the procedure described in the bill is the exclusive method for issuing subpoenas, and any documents obtained that do not comply with these requirements will not be admissible in court.

Furthermore, 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 also provides for the appointment of an attorney to represent individuals served with a defense subpoena if they are determined to be indigent. The bill includes provisions for sanctions against attorneys who knowingly issue subpoenas in violation of its terms and states that claims of ineffective assistance of counsel based on evidence obtained through a defense subpoena will not be grounds for postconviction relief.

Statutes affected:
Introduced: 815.9