Section 491.065

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 2025, see footnote   

  491.065.  Informants, disclosure requirements. — 1.  As used in this section, unless the context otherwise requires, the following terms mean:

  (1)  "Benefit", any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration that has been requested or that has been or may, at a future date, be offered or provided in connection with or in exchange for the testimony of an informant who was endorsed by the state;

  (2)  "Informant", a witness who provides testimony that offers allegedly self-incriminating statements or activities of another person who is under investigation or being charged with an offense, and the witness:

  (a)  Is or was incarcerated with the suspect or defendant;

  (b)  Is being detained by or in the custody of law enforcement; or

  (c)  Provides testimony in exchange for any benefit.

­

The term informant shall not refer to or include a codefendant or victim involved in the case.

  2.  Beginning January 1, 2026, and thereafter, each prosecuting or circuit attorney shall send the information described under subdivision (4) of subsection 2 of section 56.750 to the Missouri office of prosecution services to be included in the summary report as defined in subsection 2 of section 56.750.

  3.  If a prosecuting or circuit attorney endorses a witness to testify as an informant, the following material and information shall be disclosed to all attorneys of record within fourteen days of the endorsement by the prosecuting or circuit attorney:

  (1)  The complete criminal history of the informant, including any charges that are pending or were reduced, amended, or dismissed as part of a plea bargain;

  (2)  The informant cooperation agreement and a copy of any deal, promise, inducement, or benefit that has been requested or that has been or may, at a future date, be offered or provided to the informant in connection with testimony against the defendant's interest;

  (3)  The substance, time, and place of any statement allegedly given by the defendant to the informant, and the substance, time, and place of any statement given by the informant to a law enforcement agency implicating the defendant in the offense charged;

  (4)  Whether the informant recanted that testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation; and

  (5)  Information concerning other criminal cases in any county in which the informant was endorsed by the state to testify against a defendant, including the following:

  (a)  The case name and number;

  (b)  The substance of the testimony;

  (c)  Any cooperation agreement, deal, promise, inducement, or benefit that was requested, offered, or provided to the informant in connection with the informant's testimony; and

  (d)  Any other information that is requested to be disclosed under the Constitution of the United States, the Constitution of Missouri, and the Missouri supreme court rules of criminal procedure.

­­--------

(L. 2025 H.B. 495)

Severability clause, see § 1.1001