This bill authorizes a district attorney general to petition a court for a protective order prohibiting a defendant and a defendant's counsel from publishing a law enforcement informant's name, contact information, or statements any time prior to or during a trial, if the district attorney general is required to disclose such information regarding the informant to the defendant. The petition must identify the specific information subject to the prohibition and show good cause for issuing the order.
If the court, after a hearing on the petition, finds there is good cause for prohibiting the publishing of the information, the court will issue the protective order expressly limiting the publication of the information any time prior to or during the trial. It will be a Class E felony to knowingly violate the protective order. This bill states that it does not restrict the defendant or defendant's counsel from conducting an investigation or interviews to be used in trial.
ON MARCH 15, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 283, AS AMENDED.
AMENDMENT #1 expands this bill's authorization for district attorneys general to petition for protective orders to also apply to the name, contact information, or statements of a victim of a sexual offense or witness who is expected to testify against a defendant charged with a crime involving a weapon or the use of force.
This bill adds a requirement that the petition must be certified or supported by an affidavit of the victim, informant, or witness. This bill adds examples of potential harm that may result from disclosure, in order to make the good cause showing necessary for the protective order. This bill removes the hearing requirement and authorizes the court to issue the protective order based on a review of the petition.