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. The evidence sought must not include private information of crime victims or others, except for the defendant's own private information. Additionally, the bill 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.

The bill also includes provisions for the appointment of an attorney to represent individuals served with a defense subpoena if they are determined to be indigent. It mandates that any documents or evidence obtained through a defense subpoena must be shared with the prosecuting attorney within five business days. Furthermore, attorneys may face sanctions for knowingly issuing subpoenas that violate the new rules, and claims of ineffective assistance of counsel based on evidence obtained through these subpoenas will not be grounds for postconviction relief. The bill aims to streamline the subpoena process while protecting the rights of crime victims and ensuring compliance with legal standards.

Statutes affected:
Introduced: 815.9