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 detailed information about the jailhouse witness's criminal history, any cooperation agreements, the contents of statements made by the suspect or defendant, and any recantations of testimony. The bill also allows for the possibility of extending the disclosure timeline if the witness was unknown or if the information could not be obtained with due diligence. Additionally, if disclosing such information poses a risk of bodily harm to the witness, the court may issue protective orders.
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 also stipulates that if a jailhouse witness receives any benefits for their testimony, the prosecuting attorney must notify any victims involved in the case.
Statutes affected: {As Amended by House Committee of the Whole}: 45-229