SB 5038 — Concerning disclosures regarding incentivized evidence and testimony.

S-0958.1SUBSTITUTES-0438.1SENATE SENATE BILL 5038State of Washington65th Legislature2017 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Padden, Pedersen, Kuderer, Darneille, Frockt, and Angel)READAngelRead FIRSTfirst TIMEtime 01/26/17.AN01/11/17. ACT Relating to disclosures regarding incentivized evidence and testimony;

andReferred adding new sections to chapterCommittee 10.58on RCW.BELaw IT& ENACTEDJustice.AN BYACT THERelating LEGISLATUREto OFdisclosures THEregarding STATEincentivized OFevidence WASHINGTON:NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this section and sectionstestimony; 2 and 3 of this act unless the context clearly requires otherwise.(1) "Benefit" means any deal, payment, promise, leniency, inducement, or other advantage offered by the state to an informant in exchange for his or her testimony, information, or statement, but excludes a court-issued protection order.(2)(a) "Informant" means the following individuals who provide information or testimony in exchange for, or in expectation of, a benefit:(i) Any criminal suspect, whether or not he or she is detained or incarcerated;

and(ii)and Anyadding incarceratednew individual.(b)sections Anto informantchapter does10.58 notRCW.BE includeIT anENACTED expertBY witnessTHE orLEGISLATURE aOF victimTHE ofSTATE theOF crimeWASHINGTON:NEW beingSECTION.  Sec. 1.  The prosecuted.(3)definitions "Statement"in meansthis ansection oral,apply written,throughout orthis nonverbalsection communicationand relatedsections to2 theand crime3 charged.NEWof SECTION.  Sec. 2.  (1)this Beforeact unless the statecontext mayclearly introducerequires otherwise.(1) "Benefit" means any testimonydeal, payment, promise, leniency, inducement, or statementother ofadvantage offered by the state to an informant in aexchange trialfor his or otherher criminaltestimony, proceeding,information, theor statestatement.(2) must:(a)"Informant" Requestmeans theany materialindividual, andwhether or not he or she is detained or incarcerated, who provides information inor subsectiontestimony (2)in ofexchange thisfor, sectionor fromin theexpectation investigativeof, agency;a benefit.

and(b)An Discloseinformant todoes thenot defendantinclude thean resultsexpert or a victim of thatthe request,crime andbeing anyprosecuted.(3) other"Statement" materialmeans andan informationoral, inwritten, subsectionor (2)nonverbal communication related to the crime charged.NEW SECTION.  Sec. 2.  (1) Before the state may introduce any testimony or statement of thisan sectioninformant thatin isa known,trial or reasonablyother availablecriminal toproceeding, bethe discovered,state bymust disclose to the state.(2)defendant Thethe following material and information mustthat beis disclosedknown pursuantby the state or reasonably available to subsectionbe (1)discovered ofby thisthe section:(a)state:(a) The complete criminal history of the informant, including any pending criminal charges or investigations in which the informant is a suspect;(b) Any benefit the state has provided or may provide in the future to the informant, including any written agreement related to a benefit, and information related to the informant's breach of any conditions contained within the agreement;(c) The substance, time, and place of any statement allegedly given by the defendant to the informant, and the substance, time, and place of any statement given by the informant to law enforcement implicating the defendant in the crime charged, including the names of all persons present when any statement was allegedly given by the defendant to the informant;(d) Any instance that the informant modified or recanted his or her testimony or statement, the time and place of the modification or recantation, the nature of the modification or recantation, and the names of the persons who were present at the modification or recantation;(e) All other cases in which the informant offered to provide information to or testify for the state in exchange for a deal,benefit, payment, promise, leniency, inducement, or other advantage, whether or not a deal,benefit payment, promise, leniency, inducement, or other advantage was offered or received;(f) All other cases in which the informant testified for the state in exchange for a benefit, or in which the informant received any benefit as a result of that testimony;(g) The relationship between the defendant and the informant, including the amount of time they were incarcerated in the same custodial section of the jail or prison;(h) All evidence corroborating the informant's testimony or statement implicating the defendant in the crime charged;

and(i) Any other material or information in the possession, custody, or control of the state, or that is known or reasonably available to be discovered by the state that bears on the credibility or reliability of the informant or the informant's statement.(3)(a)statement.(2)(a) The state must disclose to the defendant the materials and information required under subsectionssubsection (1) and (2) of this section as soon as practicable after discovery but no later than (i) the omnibus hearing or (ii) fourteen days before the testimony or statement is introduced in a trial or other criminal proceeding.(b)proceeding, whichever is earlier in time.(b) The state may not introduce any testimony or statement of an informant in a trial or other criminal proceeding unless the materials and information required to be disclosed in subsectionssubsection (1) and (2) of this section are disclosed in accordance with this subsection (3).NEW(2).NEW SECTION.  Sec. 3.  IfSECTION.  Sec. 3.  (1) If the state fails to disclose the materials and information required under section 2 of this act, the court must order the state to immediately disclose the material and information, and may:(1)may:(a) Grant a continuance, unless waived by the defendant;(2)defendant;(b) Preclude the informant from testifying or the prior statement from being introduced;(3)introduced;(c) Dismiss the action;

or(4)or(d) Enter such other order as it deems just under the circumstances.NEWcircumstances.(2) SECTION.  Sec. 4.  NothingAn inattorney sectionswho 1willfully throughviolates 3section 2 of this act diminishesor federalan constitutionalorder disclosureissued obligationspursuant to criminalthis defendantssection oris anysubject relatedto obligationsappropriate undersanctions Washingtonby casethe law,court.NEW statutes,SECTION.  Sec. 4.  Sections or court rules.NEW SECTION.  Sec. 5.  Sections 1 through 43 of this act are each added to chapter 10.58 RCW.NEW SECTION.  Sec. 6.  IfSECTION.  Sec. 5.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.--- END ---