SB 382 - This act modifies provisions relating to procedures in criminal proceedings. MOTION TO SUPPRESS - 542.296
Under current law, a person aggrieved by an unlawful seizure made by an officer may file a motion to suppress the evidence if there is a pending criminal investigation being conducted with the intention of using the seized item to seek an indictment or information or when the person has been charged. This act repeals the provision allowing for the motion to suppress during the pending criminal investigation.
This provision is identical to a provision of HB 1173 (2015).
PRELIMINARY EXAM - 544.250
This act specifies the type of evidence on which a court may base its findings in a preliminary hearing.
This provision is identical to a provision of HB 1173 (2015).
DEPOSITIONS IN CRIMINAL CASES - 545.400
Current law allows the defendant in any criminal case to depose witnesses. This act allows any party to depose witnesses in felony cases and provides that depositions in misdemeanor cases may only be taken upon court order. Under this act, the party taking the deposition must provide a copy of the transcript and any recording from the deposition to the other party.
CHANGE OF VENUE - 545.490
Current law requires the defendant to set forth facts supporting a change of venue, including affidavits from the petitioners and at least two credible disinterested citizens of the county where the case is pending. The prosecuting attorney may offer rebuttal evidence. If the case is in a county with a population of less than 75,000, the judge must grant a change of venue if the petition is supported by affidavits from five or more credible disinterested citizens residing in different neighborhoods of the county.
This act repeals the current law and provides that a change of venue may be ordered in a felony case for a list of specified reasons. This act also requires the application for a change of venue be filed within 30 days of arraignment. The application must set forth the reasons for the change in venue, but need not be verified. The prosecutor may file a denial of the existence of the reasons alleged in the application, and if a denial is filed, the court must hold a hearing on the matter. If the court finds in favor of the defendant or no denial is filed by the prosecutor, a change of venue must be ordered.
This act specifies that all proceedings, except the trial by jury, must occur in the originating county, except as otherwise agreed upon by the parties and the court.
This provision is similar to a provision of HB 1173 (2015).
MEGHAN LUECKE