90th General Assembly
Summary of SB0521
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Senate Sponsors:
JONES.

House Sponsors:
TURNER,ART

Short description: 
CRIM CD-WITNESS NO PAYMENT                                                 

Synopsis of Bill as introduced:
        Amends the Criminal  Code  of  1961  to  prohibit  a  witness  or      
   potential   witness  in  a  criminal  prosecution  from  accepting  or      
   receiving  a  payment  or  benefit  in  consideration  for   providing      
   information obtained as a result of witnessing the event or occurrence      
   or  having personal knowledge of the facts.  Applicable until judgment      
   by the court or verdict of the jury. Penalty is a Class B  misdemeanor      
   for which the court may impose a fine not to exceed 3 times the amount      
   of compensation requested, accepted, or received. Provides exemptions.      
   Effective immediately.                                                      
        SENATE AMENDMENT NO. 1.                                                
        Excepts  from  the  prohibition  on  receiving  compensation   by      
   witnesses,  the  lawful compensation or benefits, or both, provided to      
   an informant under a local anti-crime program, such as Crime  Stoppers      
   and  We-Tip or lawful compensation or benefits, or both, provided by a      
   private individual to another private individual.                           
          CORRECTIONAL NOTE                                                    
          SB521 would have no population or fiscal impact on this Dept.        
        HOUSE AMENDMENT NO. 1.                                                 
        Changes definition of the offense.  Provides that the prohibition      
   on receiving a payment or benefit applies to a person who,  after  the      
   commencement  of  a  criminal  prosecution,   has been identified as a      
   person who may be called  as  a  witness  in  a  criminal  proceeding.      
   Provides that benefits provided to an informant by a prosecutor or law      
   enforcement  agency  are  lawful.   Provides  that  the purpose of the      
   compensation or benefits provided by a private individual  to  another      
   private  individual must be as a reward for information leading to the      
   arrest and conviction of specified offenders. Provides that the person      
   must receive written notice from counsel  that  he  or  she  has  been      
   identified  as  a  person who may be called as a witness in a criminal      
   proceeding and the penalties for receiving  unlawful  compensation  or      
   benefits.                                                                   
          FISCAL NOTE, H-AM 1 (Dept. of Corrections)                           
          SB521 will have no population impact or fiscal impact.               
          CORRECTIONAL NOTE, H-AM 1                                            
          No change from previous correctional note.                           
          JUDICIAL NOTE, H-AM 1                                                
          It has been determined that the bill would neither decrease nor      
          increase the need for the number of judges in the state.             
          STATE MANDTES FISCAL NOTE, H-AM 1 (DCCA)                             
          Fails to create a State mandate.                                     
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the Senate concur in H-am 1.                           
        Provides that the potential witness may receive written notice         
   from counsel for either the prosecution or defense of the fact that he      
   or she has been identified as a person who may be called as a witness       
   in a criminal proceeding and his or her responsibilities and possible       
   penalties for violation of this Section. Provides that this Section is      
   applicable only if the potential witness received the written notice.       
 
Last action on Bill: PUBLIC ACT.............................. 90-0506

   Last action date: 97-08-19

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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