5358-S AMS CARR S1903.1

SSB 5358  - S AMD43
     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.

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