SB 4 - This act modifies provisions relating to witnesses. HEARSAY EVIDENCE (SECTION 491.016)
This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence when the court finds that a defendant engaged in wrongdoing with the purpose of preventing the witness from testifying in any proceeding and the witness fails to appear.
These provisions are identical to HCS/HB 1964 (2020).
PRETRIAL WITNESS PROTECTION SERVICES FUND (Section 491.641)
This act creates the "Pretrial Witness Protection Services Fund." Under this act, the Department of Public Safety may disburse money from the Pretrial Witness Protection Services Fund to law enforcement agencies for the purposes of providing for the security of witnesses, potential witnesses, and their immediate families in criminal proceedings or investigations. Funds shall be subject to appropriations from the General Assembly.
A law enforcement agency must submit an application to the Department of Public Safety which shall include, but is not limited to, the following information:
• A statement of conditions which qualify persons for protection;
• Precise methods the agency will use to provide protection;
• A statement of projected costs over a specified period of time; and
• If the requesting agency expects the person to provide evidence in any court of competent jurisdiction.
The application submitted to the Department of Public Safety shall be a closed record and not subject to disclosure. Any information contained in the application shall not be disclosed by any entity.
These provisions are substantially similar to HB 2224 (2020).
This act contains an emergency clause.
MARY GRACE BRUNTRAGER