SSB 5358 -
By Senator Carrell
NOT ADOPTED 03/08/2007
On page 1, line 4, after "(2)" insert "or (3)"
On page 1, line 17, 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.
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.