SB 806

Abstract

Ex parte requests for investigative services or expert assistance in criminal cases. Allows a defendant or his attorney, when such defendant is charged with a felony offense or Class 1 misdemeanor and is financially unable to pay for expert assistance, to move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant's defense. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The provisions of the bill are contingent on funding in a general appropriation act.

Ex parte requests for investigative services or expertassistance in noncapital cases. Allows a defendant or his attorney, whensuch defendant is charged with a noncapital offense and is financially unableto pay for investigative services or expert assistance, to move a court toconduct an ex parte hearing on a request for such services or assistance. For amotion for investigative services, the bill requires a defendant or hisattorney to state under oath or in a sworn declaration that a need forconfidentiality exists regarding the request for investigative services and,after a hearing upon the motion, the court shall authorize the defendant or hisattorney to obtain investigative services upon a showing that the requestedservices would materially assist the defendant and are necessary in order toguarantee an adequate defense and that the lack of such confidential serviceswould result in a fundamentally unfair trial. For a motion for expertassistance, the bill requires a defendant or his attorney to show, in anadversarial proceeding before the trial judge, a particularized need forconfidentiality of the request for expert assistance. Upon a finding, by clearand convincing evidence, that a particularized need for confidentiality of theexpert services exists, the court shall hold an ex parte hearing and may orderthe appointment of a qualified expert upon a showing that the provision of therequested expert services would materially assist the defendant in preparinghis defense and the lack of such confidential assistance would result in afundamentally unfair trial.