Brief(1)
S.B. 168 amends the criminal procedure code to require reciprocal discovery of the expert witness testimony of both the prosecution and defense.
The bill adds a new subsection (c) to K.S.A. 22-3212 which requires the prosecuting attorney to furnish the defendant a written summary of the findings and facts relied upon by an expert witness that the prosecuting attorney intends to use at any hearing. This subsection also requires the prosecuting attorney to furnish the defendant with the expert witness' qualifications.
The bill also adds a new subsection (e) which allows the prosecuting attorney to obtain reciprocal discovery from the defendant by way of a written summary of the findings and facts relied upon by an expert witness and the expert witness' qualifications, which the defendant intends to use at any hearing, if the defendant has first sought discovery pursuant to the discovery statute. If the defendant has not sought discovery but intends to use an expert witness on the issue of the defendant's mental condition at any hearing, the prosecuting attorney would also be entitled to discovery of a written summary of the findings and facts relied upon by the expert witness and the expert witness' qualification.
The bill also amends K.S.A. 22-3212(d) to provide for reciprocal discovery of a defense witness reports when the witness is expected to testify at a hearing and the reports were prepared by the witness and relate to the witness testimony.
Background
The bill was requested by the Attorney General's Office and was supported by the Kansas County and District Attorneys Association. The requested changes are based on Rule 16(a)(1)(E), Rule 16(b)(1)(c), and Rule 16b(1)(B) of the Federal Rules of Criminal Procedure. Proponents said these changes would prevent trial by ambush of expert witnesses.
A representative of the Association of Criminal Defense Lawyers opposed the bill saying the bill violates the due process clause of the 14th Amendment since the proposal lacks mechanisms to insure the defendant is not forced to incriminate himself.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.