Session of 1999
SENATE BILL No. 168
By Committee on Judiciary
1-28
9 AN ACT concerning criminal procedure; relating to discovery; expert
10 witness; amending K.S.A. 1998 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. 1998 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 de-
42 fendant a written summary of testimony that the prosecution intends to
43 use pursuant to the provisions of subsection (b) of K.S.A. 60-456 and
44 amendments thereto at any hearing. Such summary shall describe the
45 findings and facts relied upon by the witness and the qualifications of the
46 witness.
47 (c) (d) If the defendant seeks discovery and inspection under sub-
48 section (a)(2) or subsection, (b) or (c), the defendant shall permit the
49 attorney for the prosecution to inspect and copy or photograph scientific
50 or medical reports, books, papers, documents, tangible objects, or copies
51 or portions thereof, which the defendant intends to produce at any hear-
52 ing or which were prepared by a witness whom the defendant intends to
53 call at the hearing when the results or reports relate to the testimony of
54 that witness, and which are material to the case and will not place an
55 unreasonable burden on the defense. Except as to scientific or medical
56 reports, this subsection does not authorize the discovery or inspection of
57 reports, memoranda or other internal defense documents made by the
58 defendant, or the defendant's attorneys or agents in connection with the
59 investigation or defense of the case, or of statements made by the de-
60 fendant, or by prosecution or defense witnesses, or by prospective pros-
61 ecution or defense witnesses, to the defendant, the defendant's agents or
62 attorneys.
63 (e) Upon request of the prosecuting attorney, the defendant shall dis-
64 close to the prosecution a written summary of testimony that the defend-
65 ant intends to use pursuant to the provisions of subsection (b) of K.S.A.
66 60-456 and amendments thereto as evidence at any hearing: (1) If the
67 defendant requests disclosure pursuant to subsection (a)(2), (b) or (c) and
68 the prosecution complies; or (2) if the defendant has given notice of an
69 intent to present expert testimony on the defendant's mental condition or
70 tenders such testimony. Such summary shall describe the findings and
71 facts relied upon by the witness and the qualifications of the witness.
72 (d) (f) The prosecuting attorney and the defendant shall cooperate in
73 discovery and reach agreement on the time, place and manner of making
74 the discovery and inspection permitted, so as to avoid the necessity for
75 court intervention.
76 (e) (g) Upon a sufficient showing the court may at any time order
77 that the discovery or inspection be denied, restricted or deferred or make
78 such other order as is appropriate. Upon motion, the court may permit
79 either party to make such showing, in whole or in part, in the form of a
80 written statement to be inspected privately by the court. If the court
81 enters an order granting relief following such a private showing, the entire
82 text of the statement shall be sealed and preserved in the records of the
83 court to be made available to the appellate court in the event of an appeal.
84 (f) (h) Discovery under this section must be completed no later than
85 20 days after arraignment or at such reasonable later time as the court
86 may permit.
87 (g) (i) If, subsequent to compliance with an order issued pursuant to
88 this section, and prior to or during trial, a party discovers additional ma-
89 terial previously requested or ordered which is subject to discovery or
90 inspection under this section, the party shall promptly notify the other
91 party or the party's attorney or the court of the existence of the additional
92 material. If at any time during the course of the proceedings it is brought
93 to the attention of the court that a party has failed to comply with this
94 section or with an order issued pursuant to this section, the court may
95 order such party to permit the discovery or inspection of materials not
96 previously disclosed, grant a continuance, or prohibit the party from in-
97 troducing in evidence the material not disclosed, or it may enter such
98 other order as it deems just under the circumstances.
99 (h) (j) For crimes committed on or after July 1, 1993, the prosecuting
100 attorney shall provide all prior convictions of the defendant known to the
101 prosecuting attorney that would affect the determination of the defend-
102 ant's criminal history for purposes of sentencing under a presumptive
103 sentencing guidelines system as provided in K.S.A. 21-4701 et seq. and
104 amendments thereto.
105 (i) (k) The prosecuting attorney and defendant shall be permitted to
106 inspect and copy any juvenile files and records of the defendant for the
107 purpose of discovering and verifying the criminal history of the defendant.
108 Sec. 2. K.S.A. 1998 Supp. 22-3212 is hereby repealed.
109 Sec. 3. This act shall take effect and be in force from and after its
110 publication in the statute book.