Session of 1997
SENATE BILL No. 263
By Committee on Judiciary
9 AN ACT concerning criminal procedure; relating to discovery and in-
10 spection; amending K.S.A. 22-3212 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 22-3212 is hereby amended to read as follows: 22-
14 3212. (a) Upon request, the prosecuting attorney shall permit the defen-
15 dant to inspect and copy or photograph the following, if relevant: (1)
16 Written or recorded statements or confessions made by the defendant,
17 or copies thereof, which are or have been in the possession, custody or
18 control of the prosecution, the existence of which is known, or by the
19 exercise of due diligence may become known, to the prosecuting attorney;
20 (2) results or reports of physical or mental examinations, and of scientific
21 tests or experiments made in connection with the particular case, or cop-
22 ies thereof, the existence of which is known, or by the exercise of due
23 diligence may become known, to the prosecuting attorney; (3) recorded
24 testimony of the defendant before a grand jury or at an inquisition; and
25 (4) memoranda of any oral confession made by the defendant and a list
26 of the witnesses to such confession, the existence of which is known, or
27 by the exercise of due diligence may become known to the prosecuting
29 (b) Upon request, the prosecuting attorney shall permit the defen-
30 dant to inspect and copy or photograph books, papers, documents, tan-
31 gible objects, buildings or places, or copies, or portions thereof, which
32 are or have been within the possession, custody or control of the prose-
33 cution, and which are material to the case and will not place an unrea-
34 sonable burden upon the prosecution. Except as provided in subsections
35 (a)(2) and (a)(4), this section does not authorize the discovery or inspec-
36 tion of reports, memoranda or other internal government documents
37 made by officers in connection with the investigation or prosecution of
38 the case, or of statements made by state witnesses or prospective state
39 witnesses, other than the defendant, except as may be provided by law.
40 (c) If the defendant seeks discovery and inspection under subsection
41 (a)(2) or subsection (b), the defendant shall permit the attorney for the
42 prosecution to inspect and copy or photograph scientific or medical re-
43 ports, books, papers, documents, tangible objects, or copies or portions
1 thereof, which the defendant intends to produce at
the trial any hearing,
2 and which are material to the case and will not place an unreasonable
3 burden on the defense. Except as to scientific or medical reports, this
4 subsection does not authorize the discovery or inspection of reports,
5 memoranda or other internal defense documents made by the defendant,
6 or the defendant's attorneys or agents in connection with the investigation
7 or defense of the case, or of statements made by the defendant, or by
8 prosecution or defense witnesses, or by prospective prosecution or de-
9 fense witnesses, to the defendant, the defendant's agents or attorneys.
10 (d) The prosecuting attorney and the defendant shall cooperate in
11 discovery and reach agreement on the time, place and manner of making
12 the discovery and inspection permitted, so as to avoid the necessity for
13 court intervention.
14 (e) Upon a sufficient showing the court may at any time order that
15 the discovery or inspection be denied, restricted or deferred or make such
16 other order as is appropriate. Upon motion, the court may permit either
17 party to make such showing, in whole or in part, in the form of a written
18 statement to be inspected privately by the court. If the court enters an
19 order granting relief following such a private showing, the entire text of
20 the statement shall be sealed and preserved in the records of the court
21 to be made available to the appellate court in the event of an appeal.
22 (f) Discovery under this section must be completed no later than 20
23 days after arraignment or at such reasonable later time as the court may
25 (g) If, subsequent to compliance with an order issued pursuant to this
26 section, and prior to or during trial, a party discovers additional material
27 previously requested or ordered which is subject to discovery or inspec-
28 tion under this section, the party shall promptly notify the other party or
29 the party's attorney or the court of the existence of the additional material.
30 If at any time during the course of the proceedings it is brought to the
31 attention of the court that a party has failed to comply with this section
32 or with an order issued pursuant to this section, the court may order such
33 party to permit the discovery or inspection of materials not previously
34 disclosed, grant a continuance, or prohibit the party from introducing in
35 evidence the material not disclosed, or it may enter such other order as
36 it deems just under the circumstances.
37 (h) For crimes committed on or after July 1, 1993, the prosecuting
38 attorney shall provide all prior convictions of the defendant known to the
39 prosecuting attorney that would affect the determination of the defen-
40 dant's criminal history for purposes of sentencing under a presumptive
41 sentencing guidelines system as provided in K.S.A. 21-4701 et seq. and
42 amendments thereto.
43 (i) The prosecuting attorney and defendant shall be permitted to in-
1 spect and copy any juvenile files and records of the defendant for the
2 purpose of discovering and verifying the criminal history of the defendant.
3 Sec. 2. K.S.A. 22-3212 is hereby repealed.
4 Sec. 3. This act shall take effect and be in force from and after its
5 publication in the statute book.