Senate approves criminal-procedure changes: earlier disclosure and rule amendments pass

Senators on Feb. 28 approved companion measures addressing criminal-prosecution procedures, evidence preparation and disclosure timelines.

Senator Weiler presented the substituted Senate Bill 87 as a consensus, data-collection bill focused on preliminary-hearing processes. The third substitute requires prosecutors to turn over evidence used to charge a defendant within a specified time window following the appearance of counsel.

Senator Weiler explained SJR 6 (the companion rules resolution) included compromise language about preparation of witness statements (referred to on the floor as ‘‘11-02s’’) and procedures if a prosecution fails to turn over evidence. Law-enforcement stakeholders requested delayed implementation to allow training; the floor adopted Senate Floor Amendment 1 to delay the effective date to May 3. The amendment passed and the second substitute SJR 6 passed by roll call.

Sponsor remarks described the bills as consensus measures developed with prosecutors, victims’ advocates and other stakeholders. The Senate recorded roll-call results showing SB 87 passed (25–0 with 4 absent) and SJR 6 passed (24–0 with 5 absent after amendment). The bills will be referred to the House for further consideration.