The proposed bill, known as the Pete Coones Memorial Act, mandates that prosecutors disclose their intent to introduce testimony from jailhouse witnesses in criminal prosecutions. This includes providing the defense with comprehensive information about the jailhouse witness, such as their criminal history, any cooperation agreements, and details of statements made by both the witness and the defendant. The bill also allows for the possibility of delayed disclosure if the witness was unknown or if the information could not be obtained with due diligence. Additionally, if disclosing this information poses a risk of bodily harm to the witness, the court may issue protective measures.
Furthermore, the bill establishes a requirement for each prosecuting attorney's office to maintain a central record of cases involving jailhouse witness testimony and to forward this information to the Kansas Bureau of Investigation, which will create a confidential statewide database. Notably, the confidentiality of this database will not be subject to expiration or review, contrasting with previous provisions that would have allowed for such a review by the legislature. The bill aims to enhance transparency and accountability in the use of jailhouse witness testimony while ensuring the safety and confidentiality of the witnesses involved.
Statutes affected: {As Amended by House Committee of the Whole}: 45-229