WA People
BILL · 2017–18 SESSION · LATEST VERSION ESSB 5038

SB 5038: Incentivized evidence discl.

Concerning disclosures regarding incentivized evidence and testimony.

Summary

  • Requires a prosecutor to give the defendant advance notice and specific detailed information about any potential informant testimony.
  • Requires the prosecutor's disclosure before the informant's testimony or statements are offered in evidence.
  • Directs the prosecutor to provide the required disclosures as soon as possible but no later than 14 days prior to offering informant testimony in evidence at trial or any other criminal proceeding.
  • Defines informant, benefit, and statement for purposes of the prosecutor's required disclosures.
  • Authorizes court-ordered remedies for the defendant for a prosecutor who fails a timely disclosure.

From the Engrossed Substitute Senate Bill Report (ESSB 5038), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedJan 11, 2017
  2. Out of committeeJan 26, 2017
  3. Passed SenateFeb 28, 2017
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Mike Padden (R-4)
Introduced
January 11, 2017 in the Senate
Last action
February 22, 2018
Companion bill
HB 1390
Budget
Has a fiscal note
Versions
SB 5038, ESSB 5038

AN ACT Relating to disclosures regarding incentivized evidence and testimony;

Sponsors

Prime sponsor: Mike Padden (R-4)

5 co-sponsors (4 Democrats, 1 Republican)

Jamie Pedersen D-43Patty Kuderer D-48Jeannie Darneille D-27Senator D-46Jan Angel R-26

Votes

Senate · 3rd Reading & Final Passage

Passed February 28, 2017
Version voted on: ESSB 5038
46 Yea 3 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat25000
Republican21300
How each member voted

Nay (3)

Permalink to this vote

History

  1. Senate Rules "X" file. (ESSB 5038)
  2. Placed on third reading by Rules Committee. (ESSB 5038)
  3. By resolution, reintroduced and retained in present status. (ESSB 5038)
  4. Returned to Senate Rules 3. (ESSB 5038)
  5. Placed on third reading by Rules Committee. (ESSB 5038)
  6. By resolution, reintroduced and retained in present status. (ESSB 5038)
  7. Returned to Senate Rules 3. (ESSB 5038)
  8. Placed on third reading by Rules Committee. (ESSB 5038)
  9. By resolution, reintroduced and retained in present status. (ESSB 5038)
  10. By resolution, reintroduced and retained in present status. (ESSB 5038)
  11. By resolution, returned to Senate Rules Committee for third reading. (ESSB 5038)
  12. Placed on Rules White Sheet. (ESSB 5038)
  13. Placed on second reading by Rules Committee. (ESSB 5038)
  14. Referred to Rules 2 Review. (ESSB 5038)
  15. Minority; without recommendation. (ESSB 5038)
  16. Minority; do not pass. (ESSB 5038)
  17. JUDI - Majority; do pass with amendment(s). (ESSB 5038)
  18. First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report). (ESSB 5038)
  19. Third reading, passed; yeas, 46; nays, 3; absent, 0; excused, 0. (ESSB 5038)
  20. Rules suspended. Placed on Third Reading. (ESSB 5038)
  21. Floor amendment(s) adopted. (ESSB 5038)
  22. 1st substitute bill substituted. (ESSB 5038)
  23. 1st substitute bill substituted.
  24. Placed on second reading by Rules Committee. (ESSB 5038)
  25. Placed on second reading by Rules Committee.
  26. Passed to Rules Committee for second reading. (ESSB 5038)
  27. Passed to Rules Committee for second reading.
  28. LAW - Majority; 1st substitute bill be substituted, do pass. (ESSB 5038)
  29. LAW - Majority; 1st substitute bill be substituted, do pass.
  30. First reading, referred to Law & Justice (Not Officially read and referred until adoption of Introduction report).

SB 5038 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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