This bill amends existing law regarding defense subpoenas in criminal cases, establishing a new procedure for criminal defendants or their counsel to issue subpoenas for documents or evidence. Under the new provisions, a subpoena can only be issued upon application to the court, which must be granted only if the defendant demonstrates a compelling need for the evidence that is material, necessary, exculpatory, and admissible at trial. Additionally, the evidence sought cannot include private information of crime victims or others, except for the defendant's own private information. The bill also specifies that the procedure outlined is the exclusive method for issuing subpoenas, and any documents obtained that do not comply with these requirements will be inadmissible in court.

Furthermore, the bill mandates that any documents or evidence obtained through a defense subpoena must be provided to the prosecuting attorney within five business days. It also allows 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 the new rules 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