SB 1882

Abstract

Amends Evidence Article of the Code of Civil Procedure. Provides that if a defendant's counsel seeks to discover the identity of an informant, then the defendant's counsel shall file a motion with the court alleging a good faith factual basis for believing that the prior representation of the informant creates a serious potential for an actual conflict of interest. Provides that the court: may deny the motion for lack of a factual basis; or, if it finds a sufficiently alleged factual basis, shall conduct an in camera hearing with the informant to ascertain whether an actual conflict of interest exists. Provides that if the court conducts an in camera hearing, the court shall: deny the motion if there is no basis to conclude that a serious potential for an actual conflict exists; or inform the petitioning counsel that his or her continued representation is a conflict. Provides that if the court concludes that a conflict exists, it shall notify the counsel of the nature of the conflict, subject to any condition of nondisclosure the court deems appropriate. Effective immediately.