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SF 571

Uniform Trust Code, Powers of Appointment, and Uniform Probate Code provisions modifications

2025-2026 Regular Session Introduced by Michael Kreun and 3 co-sponsors

SF 571 requires court approval for defense subpoenas, ensuring evidence is essential, exculpatory, and non-private, with safeguards on disclosure and penalties for noncompliance.

Effective date 05/07/25
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Bill Summary · SF 571

Summary — SF 571 (2025): Defense Subpoenas in Criminal Cases

Note: Although the bill caption supplied in the request references trust and probate law, the enacted SF 571 governs criminal defense subpoenas and criminal procedure.

Main purpose

SF 571 establishes a new, court-supervised process limiting a criminal defendant’s (or defense counsel’s) ability to issue subpoenas for documents or other evidence. The intent is to require judicial approval before defense-directed document subpoenas may issue and to protect third-party and victim privacy.

Key provisions

  • Defensive subpoenas for documents or other evidence may only be issued after a court application; defendants/counsel may not independently issue such subpoenas.
  • An application will be granted only if the defendant proves by a preponderance of the evidence that:
    • There is a compelling need for the evidence; and
    • The evidence is material, necessary, exculpatory, and admissible at trial; and
    • The sought evidence does not include private information of a crime victim or any other person (defendant’s own private information is excepted).
  • The bill supersedes other rules of criminal procedure — its process is the exclusive mechanism for obtaining defense subpoenas for documents/evidence.
  • Documents/evidence obtained via a subpoena that does not comply with the bill’s requirements are inadmissible if offered by the defendant.
  • Attorneys who knowingly issue noncompliant defense subpoenas may be sanctioned by the court.
  • Applications for defense subpoenas must not be made or reviewed ex parte.
  • Any documents/evidence obtained by a defense subpoena must be provided to the prosecuting attorney within five business days of obtaining them.
  • Upon application by a crime victim or the prosecuting attorney, the court must appoint counsel to represent an indigent person or entity served with a defense subpoena; appointed counsel is to be paid from the Indigent Defense Fund.
  • A postconviction relief applicant cannot obtain relief on an ineffective-assistance-of-counsel claim that is predicated on evidence obtained through a defense subpoena and required to be disclosed under this law.

Who is affected

  • Criminal defendants and their attorneys (restrictions on subpoena use; evidentiary consequences).
  • Crime victims and other third parties (privacy protections; ability to seek counsel for subpoena respondents).
  • Prosecutors (must receive disclosed materials within five business days).
  • Courts (gatekeeping role; appointment of counsel for indigent subpoena recipients).
  • Office of the State Public Defender and Indigent Defense Fund (potential fiscal and staffing impacts).

Fiscal impact (summary of fiscal note)

  • Total statewide fiscal impact is uncertain because the number of applications is unknown.
  • The Indigent Defense Fund and the State Public Defender (SPD) anticipate significant additional costs: increases in contract attorney time, investigator use, motions/hearings, trials, appeals, and expert witnesses.
  • SPD estimates the need for 15 Investigator 2 FTEs (~$89,000 each) — roughly $1.3 million — and projects the per-case cost for cases involving defense subpoenas could double (from $550 to ~$1,100). FY 2024 baseline: ~$24.7 million expended for ~45,000 criminal claims.

Procedural / legislative status

  • Introduced: March 10, 2025. Passed Senate 34–15 (March 24, 2025). Amended and passed by both chambers. Presented to and approved by the Governor on May 6, 2025. Filed with Secretary of State / Chaptered May 6–7, 2025. Companion bill: HF 360.

If you want, I can produce a one-page fact sheet, a timeline of how the application process would work in practice, or extract the exact statutory language changes.

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

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