SPONSOR: Sauls
This bill creates "Noelle's Law", which provides that each prosecuting or circuit attorney's office must maintain a record of each case in which an informant was endorsed by the State to testify against the defendant, the substance of the testimony, and any benefit the informant was offered. The prosecuting or circuit attorney offices must also send such record to the State Highway Patrol on a monthly basis to maintain a centralized statewide record. Additionally, this bill provides that, if the State endorses a witness to testify as an informant, certain materials and information must be disclosed as provided in the bill. Any failure to provide such information will result in a waiver of absolute immunity and a report to the Missouri Office of Chief Disciplinary Counsel or to the Peace Officer Standards and Training (POST) Commission. If the prosecution intends to use testimony from an informant, the court will conduct a pretrial evidentiary hearing and the State must show by a preponderance of the evidence that the informant's testimony is reliable based on factors as provided in the bill. Finally, this bill adds that victims of crime have the right to be informed by law enforcement of any instance in which a person has been endorsed by the State as an informant and any benefit such informant may receive.
Statutes affected: