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HSB 20

A bill for an act relating to defense subpoenas in criminal cases, and providing penalties.

2025-2026 Regular Session

HSB 20 creates a court-approved, uniform process for defense subpoenas that protects private data, requires strict criteria, and sanctions noncompliance.

Subcommittee recommends passage.
#criminalprocedure #subpoenas
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Bill Summary · HSB 20

Summary of HSB 20 — Defense Subpoenas in Criminal Cases

Status: Subcommittee recommends passage (as of 2025-01-23)

Introduced: January 15, 2025
Committee: Judiciary (Subcommittee: Lawler, Meyer, B., and Thomson)

Subject: Criminal Procedure, Subpoenas

Purpose and intent

HSB 20 establishes a formal, court-supervised process for defense subpoenas in criminal cases. The bill aims to protect victim and private information, ensure subpoenas are used only when necessary and legally admissible, and provide procedural safeguards and remedies when subpoenas do not comply with the act.

Key provisions and changes

  • Exclusive mechanism for defense subpoenas

    • A defendant or defense counsel may issue subpoenas for documents or evidence only through the process established by the bill; this replaces other procedural routes for defense subpoenas.

  • Court-applied process with strict criteria

    • An application to issue a defense subpoena must be filed with the court.
    • The court may grant the application only if the defendant shows, by a preponderance of the evidence:
    • A compelling need for the evidence;
    • The evidence is material, necessary, exculpatory, and admissible at trial;
    • The evidence does not include the private information of a crime victim or any other person, except for the defendant’s own private information.

  • Admissibility and sanctions

    • Documents or evidence obtained via a noncompliant defense subpoena are not admissible in the criminal action.
    • An attorney who knowingly issues a noncompliant defense subpoena may be sanctioned by the court.

  • Non-ex parte process

    • Applications for defense subpoenas must not be made or reviewed ex parte, ensuring both sides have notice and opportunity to respond.

  • Timely disclosure to the state

    • Documents or evidence obtained through a defense subpoena must be provided to the prosecuting attorney within five business days of receipt.

  • Representation for subpoena recipients

    • If a crime victim or other person/entity served with a defense subpoena is indigent, the court must appoint an attorney to represent them upon request.

  • Postconviction relief implications

    • A claim of ineffective assistance of counsel in postconviction relief cannot be predicated on evidence obtained via a defense subpoena that is required to be disclosed under the bill.

Affected parties

  • Defendants and defense counsel (subject to the strict subpoena process and admissibility rules)
  • Subpoena recipients (including victims and third parties; indigent recipients may receive court-appointed counsel)
  • Prosecution (receives timely access to evidence)
  • Crime victims (privacy protections, limited private information)
  • Courts (administer the application process and enforce sanctions)

Procedural and timeline notes

  • Introduced: Jan 15, 2025; referred to Judiciary
  • Subcommittee: Jan 15, 2025 (Lawler, Meyer, B., Thomson)
  • Subcommittee meeting: Jan 23, 2025
  • Status: Subcommittee recommends passage (as of Jan 23, 2025)

Bottom line

HSB 20 tightens and standardizes the use of defense subpoenas in criminal cases by requiring court approval with rigorous criteria, protecting private information, ensuring timely sharing of evidence with prosecutors, providing indigent recipients with representation, and offering sanctions for noncompliance. If enacted, it would create a uniform, court-monitored framework for defense subpoenas and limit admission of improperly obtained evidence.

Compiled from official sources — confirm details with the bill’s official record.

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