2452-S AMS CARR DAVI 039

SHB 2452 - S AMD TO JUD COMM AMD (S-5565.1/06) 193

   By    Senator Carrell

   On page 1, line 3 of the amendment, after "subsection (2)" insert "or (3)"

On page 1, line 16 of the amendment, after "(2)" insert "A court may compel disclosure of the identity of a source described in subsection (1)(a) of this section if, after conducting an in-camera review, the court finds that the party seeking the identity of a source has established by clear and convincing evidence:

   (a)(i) In a criminal investigation or prosecution, that there are reasonable grounds to believe that a crime has occurred; or

   (ii) In a civil action or proceeding, that there is a prima facie cause of action; and

   (b) In all matters, whether criminal or civil, that:

   (i) The identity of a source is highly material and relevant;

   (ii) The identity of a source is critical or necessary to the maintenance of a party's claim, defense, or proof of an issue material thereto;

   (iii) The party seeking the identity of a source has exhausted all reasonable and available means to obtain it from alternative sources; and

   (iv) There is a compelling public interest in the disclosure.

   (3)"

   Renumber the remaining subsections consecutively and correct any internal references accordingly.

--- END ---

EFFECT: Provides that a court may compel the disclosure of the identity of a source if, after conducting an in-camera review, the court finds that the party seeking the identity of a source has established by clear and convincing evidence: (1) In a criminal investigation or prosecution, that there are reasonable grounds to believe that a crime has occurred; or (2) in a civil action or proceeding, that there is a prima facie cause of action; and (3) in all matters, whether criminal or civil, that: (a) The identity of a source is highly material and relevant; (b) the identity of a source is critical or necessary to the maintenance of a party's claim, defense, or proof of an issue material thereto; (c) the party seeking the identity of a source has exhausted all reasonable and available means to obtain it from alternative sources; and (d) there is a compelling public interest in the disclosure.