Session of 1998
                   
SENATE BILL No. 588
         
By Committee on Judiciary
         
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            9             AN ACT concerning criminal procedure; relating to discovery; expert
10             witness; amending K.S.A. 1997 Supp. 22-3212 and repealing the ex-
11             isting section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 22-3212 is hereby amended to read as
15       follows: 22-3212. (a) Upon request, the prosecuting attorney shall permit
16       the defendant to inspect and copy or photograph the following, if relevant:
17       (1) Written or recorded statements or confessions made by the defendant,
18       or copies thereof, which are or have been in the possession, custody or
19       control of the prosecution, the existence of which is known, or by the
20       exercise of due diligence may become known, to the prosecuting attorney;
21       (2) results or reports of physical or mental examinations, and of scientific
22       tests or experiments made in connection with the particular case, or cop-
23       ies thereof, the existence of which is known, or by the exercise of due
24       diligence may become known, to the prosecuting attorney; (3) recorded
25       testimony of the defendant before a grand jury or at an inquisition; and
26       (4) memoranda of any oral confession made by the defendant and a list
27       of the witnesses to such confession, the existence of which is known, or
28       by the exercise of due diligence may become known to the prosecuting
29       attorney.
30           (b) Upon request, the prosecuting attorney shall permit the defend-
31       ant to inspect and copy or photograph books, papers, documents, tangible
32       objects, buildings or places, or copies, or portions thereof, which are or
33       have been within the possession, custody or control of the prosecution,
34       and which are material to the case and will not place an unreasonable
35       burden upon the prosecution. Except as provided in subsections (a)(2)
36       and (a)(4), this section does not authorize the discovery or inspection of
37       reports, memoranda or other internal government documents made by
38       officers in connection with the investigation or prosecution of the case,
39       or of statements made by state witnesses or prospective state witnesses,
40       other than the defendant, except as may be provided by law.
41           (c) Upon request, the prosecuting attorney shall disclose to the
42       defendant a written summary of testimony that the prosecution intends
43       to use pursuant to the provisions of subsection (b) of K.S.A. 60-456 and

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  1       amendments thereto at any hearing. Such summary shall describe the
  2       findings and facts relied upon by the witness and the qualifications of the
  3       witness.
  4           (d) If the defendant seeks discovery and inspection under subsection
  5       subsections (a)(2) or subsection, (b) or (c), the defendant shall permit the
  6       attorney for the prosecution to inspect and copy or photograph scientific
  7       or medical reports, books, papers, documents, tangible objects, or copies
  8       or portions thereof, which the defendant intends to produce at any hear-
  9       ing or which were prepared by a witness whom the defendant intends to
10       call at the hearing when the results or reports relate to the testimony of
11       that witness, and which are material to the case and will not place an
12       unreasonable burden on the defense. Except as to scientific or medical
13       reports, this subsection does not authorize the discovery or inspection of
14       reports, memoranda or other internal defense documents made by the
15       defendant, or the defendant's attorneys or agents in connection with the
16       investigation or defense of the case, or of statements made by the defend-
17       ant, or by prosecution or defense witnesses, or by prospective prosecution
18       or defense witnesses, to the defendant, the defendant's agents or attor-
19       neys.
20           (e) Upon request of the prosecuting attorney, the defendant shall dis-
21       close to the prosecution a written summary of testimony that the defen-
22       dant intends to use pursuant to the provisions of subsection (b) of K.S.A.
23       60-456 and amendments thereto as evidence at any hearing: (1) If the
24       defendant requests disclosure pursuant to subsections (a)(2), (b) or (c)
25       and the prosecution complies; or (2) if the defendant has given notice of
26       an intent to present expert testimony on the defendant's mental condition
27       or tenders such testimony. Such summary shall describe the findings and
28       facts relied upon by the witness and the qualifications of the witness.
29           (d) (f) The prosecuting attorney and the defendant shall cooperate in
30       discovery and reach agreement on the time, place and manner of making
31       the discovery and inspection permitted, so as to avoid the necessity for
32       court intervention.
33           (e) (g) Upon a sufficient showing the court may at any time order
34       that the discovery or inspection be denied, restricted or deferred or make
35       such other order as is appropriate. Upon motion, the court may permit
36       either party to make such showing, in whole or in part, in the form of a
37       written statement to be inspected privately by the court. If the court
38       enters an order granting relief following such a private showing, the entire
39       text of the statement shall be sealed and preserved in the records of the
40       court to be made available to the appellate court in the event of an appeal.
41           (f) (h) Discovery under this section must be completed no later than
42       20 days after arraignment or at such reasonable later time as the court
43       may permit.

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  1           (g) (i) If, subsequent to compliance with an order issued pursuant to
  2       this section, and prior to or during trial, a party discovers additional ma-
  3       terial previously requested or ordered which is subject to discovery or
  4       inspection under this section, the party shall promptly notify the other
  5       party or the party's attorney or the court of the existence of the additional
  6       material. If at any time during the course of the proceedings it is brought
  7       to the attention of the court that a party has failed to comply with this
  8       section or with an order issued pursuant to this section, the court may
  9       order such party to permit the discovery or inspection of materials not
10       previously disclosed, grant a continuance, or prohibit the party from in-
11       troducing in evidence the material not disclosed, or it may enter such
12       other order as it deems just under the circumstances.
13           (h) (j) For crimes committed on or after July 1, 1993, the prosecuting
14       attorney shall provide all prior convictions of the defendant known to the
15       prosecuting attorney that would affect the determination of the defend-
16       ant's criminal history for purposes of sentencing under a presumptive
17       sentencing guidelines system as provided in K.S.A. 21-4701 et seq. and
18       amendments thereto.
19           (i) (k) The prosecuting attorney and defendant shall be permitted to
20       inspect and copy any juvenile files and records of the defendant for the
21       purpose of discovering and verifying the criminal history of the defendant.
22           Sec. 2. K.S.A. 1997 Supp. 22-3212 is hereby repealed.
23           Sec. 3. This act shall take effect and be in force from and after its
24       publication in the statute book.
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