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Senate Bill 271

Introduced Senate Bill (S)

DIGEST

Disclosure of exculpatory evidence. Creates the crime of criminal concealment of evidence. Provides that a prosecuting attorney who knowingly or intentionally: (1) withholds; (2) destroys; or (3) fails to disclose the existence of; new, material, or credible evidence creating a reasonable possibility that a convicted defendant did not commit the offense for which the defendant was convicted commits the crime of criminal concealment of evidence, a Level 6 felony. Creates a good faith exception for the crime of criminal concealment of evidence. Provides that a prosecuting attorney shall: (1) disclose exculpatory evidence to the defendant or defense attorney of record; Disclosure of exculpatory evidence. Creates the crime of criminal concealment of evidence. Provides that a prosecuting attorney who knowingly or intentionally: (1) withholds; (2) destroys; or (3) fails to disclose the existence of; new, material, or credible evidence creating a reasonable possibility that a convicted defendant did not commit the offense for which the defendant was convicted commits the crime of criminal concealment of evidence, a Level 6 felony. Creates a good faith exception for the crime of criminal concealment of evidence. Provides that a prosecuting attorney shall: (1) disclose exculpatory evidence to the defendant or defense attorney of record; (2) undertake further investigation to determine whether a defendant is guilty of the offense committed; and (3) remedy an erroneous conviction in certain instances. Requires the attorney general's office to investigate and prosecute allegations of criminal concealment of evidence. Provides the attorney general with certain powers to assist with the investigation and prosecution of criminal concealment of evidence. Allows the attorney general to criminally prosecute claims alleging criminal concealment of evidence. Allows the attorney general to request the assistance of a special prosecutor when prosecuting an allegation of criminal concealment of evidence. Specifies that a prosecuting attorney's existing pretrial discovery obligations regarding exculpatory evidence are not superseded or modified. ... View more