Relates to giving prosecutors' offices access to law enforcement records for discovery purposes

2025 Regular Session Introduced by Alex Bores and 10 co-sponsors

A 825 would authorize prosecutors to access law enforcement records for discovery, with safeguards, affecting prosecutors, law enforcement, defendants and courts.

REFERRED TO CODES

A 825 — Summary

Quick facts

Bill number: A 825

Title: Relates to giving prosecutors' offices access to law enforcement records for discovery purposes

Status: REFERRED TO CODES

Introduced: January 8, 2025

Related bills: S 613 (companion; prior-session and companion versions)

Purpose and intent

A 825 proposes to authorize prosecutors’ offices to access law enforcement records for discovery. In broad terms, this would allow the prosecution to obtain records held by law enforcement agencies as part of the information exchange that occurs during discovery in criminal proceedings. The bill is framed to affect the discovery process, with the aim of improving prosecutors’ ability to prepare and present cases.

Key provisions (high level)

Authorization: The bill would grant prosecutors’ offices access to law enforcement records for discovery purposes.

Scope and safeguards: While the exact text is not provided here, such bills typically specify the types of records covered, conditions for access, and protective measures to safeguard sensitive information (e.g., redactions, privilege protections, or limitations to ongoing investigations). The specific scope, exemptions, and procedures would be defined in the bill’s language.

Procedures: The bill would establish the process by which prosecutors request records, how law enforcement agencies respond, and any court involvement or oversight required.

Oversight and compliance: There would likely be provisions addressing accountability, confidentiality, and compliance with applicable laws and privacy protections.

Who would be affected

Prosecutors’ offices: Primary users and beneficiaries for discovery access.

Law enforcement agencies: Custodians of the records to be disclosed under the bill.

Defendants and defense counsel: Indirectly affected, as discovery access can impact the evidence available to them.

Courts: Could become involved in overseeing discovery procedures and any disputes.

Procedural/timeline aspects

Status indicates referral to the Codes Committee (CODES) in the Legislature, suggesting the bill will undergo committee review before potential floor consideration.

Introduced and action history both show “REFERRED TO CODES” on January 8, 2025.

Sponsorship

Primary sponsor: Micah Lasher

Cosponsors: Gabriella Romero, Brian Cunningham, Charles Lavine, Jordan Wright, Emerita Torres, Carrie Woerner, Alex Bores, Al Taylor, Karines Reyes, Anna Kelles

Potential implications and considerations

Pro: Could streamline discovery, reduce delays, and enhance prosecutors’ access to relevant information.

Con: May raise concerns about privacy, ongoing investigations, and protection of sensitive or privileged information; could necessitate robust redaction and strict access controls to prevent improper disclosure.

Implementation questions to watch: exact scope of records included, standards for access, timing within the discovery process, and safeguards against disclosure of exempt information.

Notes

Related companion bills exist as S 613 in prior-session and companion forms, indicating alignment with similar legislative proposals in the other house.