S.B. 588 provides for reciprocal discovery of expert witnesses and related matters in criminal proceedings. The bill provides for reciprocal discovery of a defense witness' report when the witness is expected to testify at a hearing and the report was prepared by the witness and relates to the witness' testimony.
K.S.A. 22-3212(c) is a new provision which would require the prosecuting attorney to furnish the defendant a written summary of the findings and facts relied upon by any expert witness that the prosecuting attorney intends to use at any hearing. This subsection would also require the prosecuting attorney to furnish the defendant with the expert witness' qualifications.
K.S.A. 22-3112(e) is also a new provision. This provision would allow 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' qualifications.
The bill was requested by the Attorney General's Office. The changes seek to minimize surprises and the need for continuances and help each side prepare for effective cross-examination.
The bill has no fiscal impact on the state.
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/fulltext-bill.html.